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Prenuptial Agreement For Unmarried Couples Template for England and Wales

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Key Requirements PROMPT example:

Prenuptial Agreement For Unmarried Couples

"I need a Prenuptial Agreement For Unmarried Couples to protect my business interests and set out clear financial arrangements, as my partner and I are moving in together in March 2025 and I own a successful tech startup."

Document background
A Prenuptial Agreement For Unmarried Couples (also known as a Cohabitation Agreement) is essential for couples in England and Wales who live together but are not married. The document addresses the gap in legal protection for cohabiting couples, as they do not have the same rights as married couples under English law. It typically covers property ownership, financial arrangements, living expenses, and separation provisions. The agreement is particularly important as there is no specific legislation governing cohabiting couples' rights, making it crucial to establish clear arrangements in advance.
Suggested Sections

1. Parties: Details and full names of both parties entering into the agreement

2. Background: Context of the agreement, relationship status, and purpose

3. Definitions: Key terms used throughout the agreement

4. Property Rights: Details of property ownership, including both current and future acquisitions

5. Financial Arrangements: Day-to-day financial responsibilities and arrangements

6. Separation Provisions: Process and arrangements in case of relationship breakdown

7. Governing Law: Confirmation that agreement is governed by laws of England and Wales

Optional Sections

1. Children Arrangements: Details regarding children (if any) or future children - include when parties have or plan to have children

2. Business Interests: Protection and division of business assets - include when either party owns a business

3. Inheritance Provisions: Arrangements regarding inheritance rights - include when parties wish to address inheritance matters

4. Pets: Arrangements for pet ownership and care - include when parties have joint pets

Suggested Schedules

1. Schedule 1: Assets Schedule: Detailed list of each party's assets at time of agreement

2. Schedule 2: Property Schedule: Details of any properties owned individually or jointly

3. Schedule 3: Financial Disclosure: Financial statements and documents evidencing assets

4. Appendix A: Certificates of Independent Legal Advice: Confirmation that both parties received independent legal advice

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























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Relevant Industries
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Relevant Roles
Industries

Law of Property Act 1925: Primary legislation governing property ownership and rights, particularly relevant for joint ownership of property in England and Wales

Trusts of Land and Appointment of Trustees Act 1996 (TOLATA): Legislation dealing with disputes about property ownership between cohabitants and relevant for beneficial interests in property

Children Act 1989: Key legislation covering arrangements for children and financial provision if the couple has or plans to have children

Family Law Act 1996: Legislation covering occupation rights and protection from domestic violence, particularly Part IV

Stack v Dowden [2007] UKHL 17: Leading case law establishing principles for determining beneficial interests in property between unmarried couples

Jones v Kernott [2011] UKSC 53: Supreme Court case providing further clarification on property rights between unmarried couples

Contract Law Principles: The agreement must follow general contractual principles as it will be treated as a contract under common law, unlike married couples' prenuptial agreements

Independent Legal Advice: Both parties should receive independent legal advice to strengthen the enforceability of the agreement

Statutory Rights Override: The agreement cannot override certain statutory rights, particularly those relating to children

Essential Provisions: The agreement must include key provisions covering property ownership, financial arrangements, living expenses, separation arrangements, and dispute resolution mechanisms

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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