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Postnuptial Agreement

A completed postnuptial agreement recording financial intentions, disclosure, review and independent advice while explaining that it is persuasive rather than guaranteed to bind a court.

Jurisdiction: England and Wales - completed fictional worked example

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Important: This sample provides general legal information only and is not legal advice. Check the law, prescribed forms and signing requirements that apply to your exact jurisdiction and circumstances before use.

# POSTNUPTIAL AGREEMENT

Date: 1 July 2029

Parties: Rachel Evans and Michael Evans

## 1. People, purpose and legal route

Rachel Evans of 21 Church Walk, Bath BA2 3JL and Michael Evans of the same address are married spouses. They enter this postnuptial agreement after a review of their finances, not in contemplation of immediate separation, to record how they presently intend to organise property and liabilities.

## 2. Facts, scope and supporting evidence

Rachel's pre-marriage flat at 4 Queens Road, Bristol, valued at £310,000 with a £118,000 mortgage, remains her separate property. Michael's 25% interest in Evans Joinery Limited and £42,000 ISA remain his separate assets. The family home at 21 Church Walk is held jointly; mortgage and equity are intended to be shared equally.

## 3. Requests, duties and safeguards

Each spouse has made honest financial disclosure in Schedules 1 and 2, including property, pensions, business interests, savings, debts and expected inheritances. They acknowledge that incomplete disclosure, pressure, fraud or a material change in circumstances may affect the weight a court gives this agreement.

## 4. Records, review and communication

During marriage they will maintain a joint account for household costs and may make wills separately. Neither waives maintenance, pension sharing, housing needs, child arrangements or any statutory right that a court must consider. A future child is not bound by a parental financial arrangement.

## 5. Time limits, escalation and outcome

They each had at least 28 days to consider the draft and have taken independent legal advice from different solicitors, Lucy Grant and Omar Shah. They sign voluntarily, without duress, and will review after five years, a major child or health change, substantial inheritance or significant change in business value.

## 6. Reservations and practical protections

The spouses understand that an English court applies the Matrimonial Causes Act 1973 and the current fairness and needs principles. This agreement is intended to carry substantial persuasive weight, but it is not a guarantee of outcome and cannot oust the court's jurisdiction. Mediation is encouraged before a dispute, subject to safeguarding.

## 7. England and Wales law and signature

England and Wales law governs. Variation or revocation requires a dated written agreement signed after fresh disclosure and advice. Rachel and Michael sign before separate witnesses on 1 July 2029; each retains an executed copy and is encouraged to update wills and obtain tax advice.

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