Binding Financial Agreement Template (Gibraltar)

Updated on 13 August 2026

Gibraltar is one of the few common-law jurisdictions with its own statutory regime for financial agreements between spouses. Under Part VIA of the Matrimonial Causes Act, a couple can make a financial agreement before, during or after marriage that deals with property, financial resources and maintenance — and, unlike the position in England and Wales, the Act gives the agreement genuine effect once specific formal conditions are met, rather than leaving it entirely to the court's discretion.

That makes Gibraltar closer in structure to Australia's binding financial agreement than to an English prenuptial agreement — but the formal conditions still have to be met exactly, and the court keeps a defined power to set the agreement aside in specific circumstances. This template is built around what Part VIA actually requires: a signed agreement, a certificate of independent legal advice from each party's own lawyer, and an honest account of when the court can still intervene.

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When the agreement is made

Financial Agreement under Part VIA, Matrimonial Causes Act — Draft for legal advice

IMPORTANT: This is a draft for the parties to take to their own, separate lawyers. This agreement is not given effect under Part VIA of the Matrimonial Causes Act unless it is signed by both parties and each party holds a certificate of independent legal advice from their own lawyer. Even then, the court retains power to set the agreement aside in the circumstances the Act provides for.

Date:
Party A:: ,
Party B:: ,
Intended wedding date:

This is a financial agreement made before marriage, intended to take effect under Part VIA of the Matrimonial Causes Act.

1. Timeline

This agreement was first discussed between the parties on , allowing adequate time for consideration and independent advice before the intended wedding date.

2. Financial disclosure

Each party has given the other full and honest disclosure of their financial position as at .

Party A assets:
Party A liabilities:

Party B assets:
Party B liabilities:

3. Property

4. Maintenance

OptionalInclude a maintenance provision

This agreement makes no provision for maintenance.

5. Review

OptionalReview the agreement if a child is born

The parties shall review this agreement, with fresh independent legal advice, if a child is born to or adopted by them.

6. Acknowledgement of the court's powers

The parties acknowledge that the court may set this agreement aside if satisfied that it was obtained by fraud, that a party engaged in conduct that was in all the circumstances unconscionable, that a material change of circumstances affecting the welfare of a child has occurred, or that the agreement has become impracticable to carry out.

7. Independent legal advice

Party A has instructed and Party B has instructed , as separate lawyers. Each party's certificate of independent legal advice is annexed to this agreement.

8. Annexure A — Certificate of independent legal advice for Party A

I, ______________________, a lawyer entitled to practise in Gibraltar, of , certify that before signed this agreement I explained to that party the effect of this agreement and its advantages and disadvantages. Signed ______________________ Date ______________________

9. Annexure B — Certificate of independent legal advice for Party B

Party A

Date:

Party B

Date:

Meet the formal requirements Part VIA sets, exactly

For an agreement to be given effect under Part VIA, it must be signed by all parties, and each party must have a certificate of independent legal advice signed by the lawyer who advised them, confirming that they explained the effect of the agreement and its advantages and disadvantages. One lawyer cannot act for both parties — each needs separate, independent representation.

This template treats those certificates as part of the document rather than an afterthought, in the same way as the Australian master page — because a downloadable draft, signed without those certificates, is not what Part VIA gives effect to.

Leave proper time before the wedding

Gibraltar practice treats the timing of a pre-nuptial agreement as a real factor: negotiations conducted within a reasonable period before the wedding — commonly discussed as beginning around three months out and finalised at least a month before — help demonstrate that neither party signed under pressure or without a genuine opportunity to negotiate. Signing at the last minute is one of the clearest ways an agreement is later challenged.

This template records when the agreement was first discussed, drafted and signed relative to the wedding date, so that timeline exists in writing rather than being reconstructed from memory years later.

Know the grounds on which the court can still intervene

Even a properly executed Part VIA agreement is not beyond challenge. The Supreme Court may set aside a financial agreement where it was obtained by fraud, where a party engaged in conduct that was unconscionable in all the circumstances, where a material change of circumstances affecting a child's welfare has occurred, or where the agreement has become impracticable to carry out. This template states those grounds honestly, rather than presenting the agreement as immune from challenge once signed.

Disclose properly and evidence it

Full and honest financial disclosure underpins the whole structure: an agreement obtained by fraud, including non-disclosure of a material matter, is one of the grounds for setting it aside. This template treats disclosure as an evidenced schedule — assets, liabilities, income and financial resources for each party, with values and a valuation date — not a bare recital that disclosure took place.

Deal with maintenance and children specifically

A financial agreement under Part VIA can provide for spousal maintenance during marriage or on divorce, but a general waiver with no specificity is weaker than a properly worded clause, and any provision has to sit alongside the child-welfare ground for setting the agreement aside. This template gives maintenance its own clause and includes a review trigger for the birth of a child, so an unanticipated change in circumstances is addressed rather than left to be argued about later.

Clause-by-clause guide

Recital and status: States whether the agreement is made before, during or after marriage, and confirms it is intended as a financial agreement under Part VIA.
Timeline: Records when the agreement was first discussed, drafted and signed relative to the wedding date.
Independent legal advice and certificates: Requires each party's own lawyer to sign a certificate confirming the advice given, annexed to the agreement.
Financial disclosure: Schedules of assets, liabilities, income and financial resources for each party, with a valuation date.
Property and liabilities: What each party keeps, how joint property is treated, and how liabilities are allocated.
Maintenance: A specific clause naming the party and amount or value, rather than a bare waiver.
Review on a material change: A trigger for review on the birth of a child, consistent with the child-welfare ground for setting the agreement aside.
Set-aside grounds acknowledged: States honestly the grounds on which the court may set the agreement aside — fraud, unconscionable conduct, material change affecting a child, and impracticability.

Gibraltar compliance checklist

These are the conditions Part VIA of the Matrimonial Causes Act sets for a financial agreement to be given effect.

Sign the agreement and obtain a certificate of independent legal advice for each party
The agreement must be signed by all parties, and each party must hold a certificate of independent legal advice signed by the lawyer who advised them on its effect and its advantages and disadvantages.
Triay Lawyers — status of pre- and post-nuptial agreements in Gibraltar
Use a different lawyer for each party
The advice must be independent — one lawyer cannot certify advice to both parties.
Leave real time before the wedding
Begin the process well ahead of the wedding date rather than in the final days beforehand, to support the agreement having been freely entered into.
Disclose fully and keep the record
An agreement obtained by fraud, including non-disclosure of a material matter, can be set aside — disclose fully and keep the schedules signed and dated.
Understand the set-aside grounds
The Supreme Court may set aside the agreement for fraud, unconscionable conduct, a material change of circumstances affecting a child's welfare, or impracticability.
Take separate tax and financial advice
Property and maintenance terms can have tax consequences distinct from the family law position — take independent financial advice alongside the legal advice.

How to prepare a Part VIA financial agreement

Start well ahead of the wedding. Begin discussions months rather than weeks before the ceremony.
Instruct separate lawyers. Each party instructs their own lawyer, who will provide the required certificate of independent legal advice.
Complete the disclosure schedules. List each party's assets, liabilities, income and financial resources, with values and a valuation date.
Draft the property and maintenance terms. Set out what happens to property and any maintenance provision, with the specificity the Act expects.
Obtain and annex the certificates. Each lawyer signs a certificate of independent legal advice, annexed to the agreement before signing.
Sign and keep copies. Both parties sign, with each certificate attached, and each keeps a signed copy.

Frequently asked questions

Is a financial agreement automatically binding in Gibraltar?

It has genuine statutory effect once the formal conditions in Part VIA of the Matrimonial Causes Act are met — signed by both parties, each holding a certificate of independent legal advice — but the court retains a defined power to set it aside for fraud, unconscionable conduct, a material change affecting a child, or impracticability. It is not simply a private contract the court ignores, but it is also not beyond challenge.

How is this different from an English prenuptial agreement?

England and Wales has no equivalent statute — a prenuptial agreement there carries weight under the Radmacher v Granatino fairness principles but is not given effect by legislation. Gibraltar's Part VIA is a genuine statutory regime, closer in structure to Australia's binding financial agreement, with defined formal requirements and defined set-aside grounds.

Can one lawyer advise both of us?

No. Each party needs their own, independent lawyer, who signs a certificate confirming the advice they gave. Certificates from the same firm for both parties undermine the independence the Act requires.

When should we sign the agreement?

As early as practicable before the wedding — Gibraltar practice treats a reasonable period before the ceremony as supporting the agreement having been freely entered into, while signing in the final days beforehand is one of the clearest grounds for later challenge.

Can the agreement deal with maintenance?

Yes, and it should do so specifically — naming the party and the amount or value provided — rather than with a bare waiver, which is weaker and sits less comfortably alongside the court's power to intervene where a child's welfare is affected.

What happens if we have a child after signing?

A material change of circumstances affecting a child's welfare is one of the grounds on which the court can set the agreement aside, so build in a review trigger for the birth of a child and take fresh advice at that point rather than leaving the original terms untouched.

Does this apply to unmarried couples?

Part VIA is a matrimonial regime, made in connection with marriage. Unmarried couples in Gibraltar do not have the same statutory route and should take separate advice on what protection is available to them.

Disclaimer

This template and guide are for general information only. They are not legal advice, and no Gibraltar-qualified lawyer has reviewed or approved them for your circumstances. Whether a financial agreement is given effect depends on meeting the formal requirements of the Matrimonial Causes Act and on the court's assessment at the time — use this draft to prepare, then instruct separate lawyers before signing.