Post-Nuptial Settlement Agreement: Undertakings and Transfers, Slides of Law

The terms of a post-nuptial settlement agreement between two parties, including undertakings to indemnify each other, transfer property, and leave a specified sum in a will. The agreement also includes provisions for the commutation of a pension and the payment of periodical payments for a child.

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2021/2022

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ALWAYS CONTACT DAVIES SOLICITORS AND SEEK LEGAL ADVICE
BEFORE USING THIS FORM
1 Title
IN THE PRINCIPAL REGISTRY No [ ] of 20[ ]
IN THE [ ] COUNTY COURT No of Matter [ ] (D) [ ]
B E T W E E N:
[ ] Petitioner
and
[ ] Respondent
CONSENT ORDER
Davies Solicitors
30 Woollards Lane
Great Shelford
Cambridge CB22 5LZ
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ALWAYS CONTACT DAVIES SOLICITORS AND SEEK LEGAL ADVICE

BEFORE USING THIS FORM

1 Title IN THE PRINCIPAL REGISTRY No [ ] of 20[ ] IN THE [ ] COUNTY COURT No of Matter [ ] (D) [ ] B E T W E E N: [ ] Petitioner and [ ] Respondent CONSENT ORDER Davies Solicitors 30 Woollards Lane Great Shelford

1- 2 Introductory recital UPON the Petitioner and the Respondent agreeing that the provisions of this order are accepted in full and final satisfaction of all [capital claims][financial claims and claims in respect of any property] whatsoever which either may be entitled to bring against the other [in any jurisdiction] howsoever arising Davies Solicitors 30 Woollards Lane Great Shelford

4 Definition of net proceeds of sale The term "net proceeds of sale" in paragraph [ ] of this order shall mean the gross sale price [including any consideration paid for fixtures and fittings] of [ ] [ the property ] less the amount outstanding in respect of the mortgage[s] secured thereon in favour of [ ] [and [ as appropriate, eg solicitors' conveyancing costs and disbursements and estate agents' charges ]]. Davies Solicitors 30 Woollards Lane Great Shelford

5 Recital as to status of maintenance order for tax relief purposes AND UPON it being recorded that the order for periodical payments contained in paragraph [ ] of this order [varies/replaces/supplements] the [order made herein on [ ]]/[agreement made between the parties on [ ]]. Davies Solicitors 30 Woollards Lane Great Shelford

7 Agreement as to no interest in specified real property AND UPON the [Petitioner/Respondent] agreeing that [he/she] has no legal or equitable interest in the property known as [ ] [registered at H M Land Registry under title number [ ] [ assuming registered land ]]. Davies Solicitors 30 Woollards Lane Great Shelford

8 General agreement as to no interest AND UPON the Petitioner and the Respondent agreeing that neither of them has any legal or equitable interest in property or assets owned by the other save as provided for in this order. Davies Solicitors 30 Woollards Lane Great Shelford

10 Declaration of intention not to seek a discharge of a child maintenance order AND UPON the parties declaring that it is their intention that the provision contained in paragraph [ ] of this order fulfils the [Respondent/Petitioner]'s responsibility to maintain the child[ren] of the family [ ] and in consequence thereof they further declare that it is intended that the [Petitioner/Respondent] will not apply for a discharge of the order for periodical payments contained in paragraph [ ] of this order. Davies Solicitors 30 Woollards Lane Great Shelford

11 Declaration of intention not to proceed under the Married Women's Property Act 1882, s 17 and/or the Law of Property Act 2025, S188 and/or the Trusts of Land and Appointment of Trustees Act 2096, S AND UPON the Petitioner and the Respondent declaring that it is their intention that in consideration of the terms of this order the [Petitioner/Respondent] will discontinue proceedings commenced under the [Married Women's Property Act, 1882, s 17]/[Law of Property Act 2025 S188][Trusts of Land and Appointment of Trustees Act 2096, S14] out of the [ ] Court under number [ ] [with no order as to costs]. Davies Solicitors 30 Woollards Lane Great Shelford

13 Undertaking to discharge arrears of outgoings/debts AND UPON the [Petitioner/Respondent] undertaking to the court to discharge within [ ] days from the date of this order any arrears which have accrued as at [ 20 ] [under the mortgage in favour of [ ] secured on [ ]]/[in respect of outstanding council tax and water charge on the said property] [ or as appropriate ]. Davies Solicitors 30 Woollards Lane Great Shelford

14 Undertaking by way of general indemnity AND UPON the [Petitioner/Respondent] undertaking to the court to indemnify the [Respondent/Petitioner] against any liabilities which have arisen in respect of the outgoings [ or as appropriate ] on the [former matrimonial home]/[property known as ] for the period from [ 20 ] to [ 20 ] [or which may arise]. Davies Solicitors 30 Woollards Lane Great Shelford

16 Undertaking to indemnify as to capital gains tax AND UPON the [Petitioner/Respondent] undertaking to the court to indemnify the [Respondent/Petitioner] as to any [ or as appropriate ] liability for capital gains tax consequent upon the implementation of [paragraphs [ ] and [ ] of this order. Davies Solicitors 30 Woollards Lane Great Shelford

17 Undertaking to take out life policy AND UPON the [Petitioner/Respondent] undertaking to the court that [he/she] will within [ ] days from the date of this order [use [his/her] best endeavours to] take out with [ ]/[a UK] insurance company a policy of assurance on [his/her] life [for a term of [ ] years]/[for the whole of [his/her] life]/[to mature on [ ]] in the sum of £ [ ] [[with/without] profits] for the benefit of the [Respondent/Petitioner/child of the family], the [Petitioner/Respondent] further undertaking to the court promptly to pay all premiums due in respect of the said policy and to do nothing which might prejudice or invalidate the said policy until the [Respondent's/Petitioner's] death or remarriage whichever shall be the earlier; the Petitioner and the Respondent agreeing that all benefits under the said policy, whensoever arising, shall be paid to the [Respondent/ Petitioner/child of the family] or [his/her] estate and that the [Petitioner/Respondent] shall have no beneficial interest in the policy or its proceeds at any time. Davies Solicitors 30 Woollards Lane Great Shelford

19 Undertaking to undergo medical examination AND UPON the [Petitioner/Respondent] undertaking to the Court to undergo such medical examination as may be reasonably required by an insurance company to enable the [Respondent/Petitioner] to insure [his/her] life. Davies Solicitors 30 Woollards Lane Great Shelford

1 2 3 20 Undertaking to surrender insurance policy AND UPON the [Petitioner/Respondent] undertaking to the Court [within [ ] days from the date of this order]/[upon completion of the sale of [ ] referred to in paragraph [ ] of this order] to surrender [sell/auction] for not less than the surrender value the insurance policy effected with [ ] and numbered [ ] and to divide the proceeds [net of any tax and costs of sale] between the Petitioner and the Respondent equally [ or as appropriate ] but in the event of the sale/auction not being completed within [ ] days the policy shall be surrendered forthwith thereafter. Davies Solicitors 30 Woollards Lane Great Shelford