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Document Description
Prenuptial agreement in neutral form for financial, asset, property, matrimonial home, custody and maintenance arrangement between the parties after the breakdown of the marriage.
This Deed is made in contemplation of and is conditional upon the intended marriage of Party 1 and Party 2.
In order to avoid acrimonious and costly litigation in the event of the Breakdown of Marriage (as defined below), the Parties enter into this agreement to set out their wishes and intention regarding their finances and property.
The parties intend to enter into this Deed to preserve for the person who currently owns or will subsequently receive any interest in the Property.
The parties acknowledge and declare that:
(a) this Deed shall be binding on them and should be given the fullest effect as may be permitted by law, notwithstanding that this Deed may not be binding under the laws, or in any jurisdiction or Court in which they may divorce in the future;
(b) this Deed shall be binding on them throughout the world and wheresoever they reside, although in certain jurisdictions it may not be possible to oust the Court’s power to override the terms of this Deed;
(c) this Deed shall be binding on the personal representatives of Party 1 and Party 2; and
(d) the terms of this Deed shall govern the income and capital provision to be made for Party 1 and Party 2 in the event of Breakdown of Marriage.
The weaker party shall get the matrimonial home and also alimony/maintenance from the stronger party and choose to have custody of the children.
How to use this Document?
This document should be carefully read by the marrying parties.
This Prenuptial Agreement may be used by the marrying parties upon their wish to have a prenuptial agreement in a neutral form to prepare for a marriage breakdown / divorce.
Both parties should sign and return a copy, and once signed, both parties should get a copy. To avoid any future disputes, both parties may wish to have their signatures witnessed.
If either party wishes to amend the agreement in the future, both parties should agree to do so, and the original agreement and amendments should be recorded in writing and signed by both parties.
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