Sample Prenup Property Agreement – Protect Your Real Estate

Sample Draft – Prenup Property Agreement (Real Estate Focus)

Prenuptial Agreement

Between:
[Full Name of Party A], of [Address] ("Party A")
and
[Full Name of Party B], of [Address] ("Party B")

Date: [Insert Date]

1. Purpose

This Agreement is entered into in contemplation of marriage between the Parties and sets forth their respective rights and obligations regarding property, including but not limited to real estate, owned prior to or acquired during the marriage.

2. Disclosure

Each Party affirms that they have made a full and fair disclosure of their respective assets, including property owned solely or jointly.

3. Classification of Property

3.1 Separate Property

The following property shall remain the separate property of each respective Party and shall not be considered part of the marital estate in the event of separation or divorce:

Party A’s Property:

• The residential property located at [Full Address], registered solely in Party A’s name, with a current market value of £[insert amount], acquired on [insert date].

• Buy-to-let property at [Full Address], generating monthly rental income of £[insert amount].

Party B’s Property:

• The property located at [Full Address], held in Party B’s sole name, acquired via inheritance, valued at £[insert amount].

Each Party shall retain all legal and equitable interests, including income, appreciation, and proceeds from the sale of their separate property.

3.2 Marital Property

Any property acquired jointly by the Parties during the marriage shall be classified as marital property and subject to division based on contribution, unless otherwise agreed in writing.

3.3 Future Acquisitions

Any property acquired solely by one Party during the marriage, and titled in their name alone, shall be considered separate property unless:

• Joint ownership is established through title; or

• Written agreement states otherwise.

4. Family Home

In the event the Parties reside in a property that is the separate property of one Party:

• The owning Party retains legal title.

• Occupancy rights of the non-owning Party shall be governed by the agreement of the Parties or a separate occupancy arrangement.

5. Contributions & Improvements

Improvements, renovations, or mortgage contributions made by the non-owning Party shall not create any ownership rights unless formally documented and agreed by both Parties in writing.

6. Sale or Transfer

In the event of divorce or legal separation:

• Separate property shall not be subject to forced sale or division.

• Marital property shall be divided in accordance with contributions and mutual agreements as documented.

7. Legal Advice & Enforceability

Each Party confirms:

• They have received independent legal advice regarding this Agreement.

• They enter into this Agreement freely and voluntarily, without pressure or duress.

• This Agreement shall be governed by the laws of England and Wales.

Signed:

Party A – [Full Name]
Date: [Insert Date]

Party B – [Full Name]
Date: [Insert Date]

 How Fraser Bond Supports This Process

Fraser Bond offers expert support to make prenup property clauses enforceable, well-documented, and professionally structured, including:

• Independent market valuations for property

• Ownership and contribution tracking

• Structuring advice (SPVs, trusts, joint vs sole title)

• Asset reports for solicitor review

We ensure that property protection through prenups is not only clear — but also credible in the eyes of the court.