Fiance Visas and Prenups UK

If you are applying for a Fiance Visa to join your proposed husband, wife or civil partner in the UK then you or your sponsoring partner may be interested in finding out more about a prenuptial agreement.

A Family Visa and a prenup are not mutually exclusive although many Fiance Visa applicants think they are because so much emphasis is placed on proving the genuineness of your relationship when applying for a Family Visa.

In this article, our Family Law Solicitors and UK Immigration Lawyers explain what a prenup and a Fiance Visa are and detail how your attorney can prepare both for you.

UK and Online Prenuptial Agreement Solicitors and Immigration Lawyers

For Family Visa and prenuptial agreement advice speak to the lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.

Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi.

What is a prenup?

A prenup can be referred to as

• A prenuptial agreement
• A premarital agreement
• An antenuptial contract
• A division of property agreement

A prenup is a written agreement between two people who are planning to get married or enter a civil partnership. The purpose of the agreement is to set out what will happen if the couple separates.

Without a prenup in place, your property and assets could be divided according to the laws of the country you are living in or the country that accepts jurisdiction for your divorce proceedings. Some countries divide assets using discretion and following legislative and judicial guidance whilst other countries follow marital property regimes. This can be confusing if you are part of an international family with one of you in the UK on a Fiance Visa or Spouse Visa.

If you are from an overseas country, the law in England on property division after a divorce can come as a surprise. That’s why engaged couples should take family law advice on prenups when thinking about making a Fiance Visa application.

What goes into a prenuptial agreement?

A prenup can be broad and just ringfence one asset, such as an inheritance, pre-owned house or business, or can be detailed and cover a wide range of topics, such as:

• The country of jurisdiction for divorce proceedings – this is particularly important if the prenup is combined with a Fiance Visa application as there will be more than one potential court jurisdiction. In some jurisdictions, a prenup is legally binding. In other countries, it could carry significant or limited weight
• Who will start any future divorce proceedings – England has introduced no-fault divorce proceedings and a divorce application can be made jointly or by either the husband or wife
• The arrangements for your children – you may not want to agree on precise future arrangements or you may want to include a provision that says the children will be brought up in England or that it is agreed that the non-British partner will be able to return to their home country with the children if you separate
• Provision for pets. For many couples, the primary purpose of their agreement is to act as a ‘petnup’ so there is a record of what is agreed about who will keep the pet (or future pet) if a split occurs. In England, a pet is treated as a‘ chattel’ in divorce proceedings so the court doesn’t focus on what is in the pet’s best interests but looks at ownership
• Money and property division. A prenup can say what will happen to a particular asset, such as the family business, family home, or pension. Alternatively, the agreement can cover all your pre-marriage owned assets and any assets owned at the date of your separation and deal with matters such as whether spousal maintenance should be paid and for how long

Other matters can go into your prenup. The best Prenuptial Agreement Lawyers will tell you that as you are commissioning the prenup it needs to meet your needs and be bespoke to your circumstances.

Is an English prenup legally binding?

An English prenup is not legally binding on a couple. It will carry ‘significant weight’ in any future divorce proceedings provided:

1. Legal advice – you must both take independent family law advice
2. Timing – ideally the prenup should be signed several weeks before the wedding
3. Information – you both need to have fully disclosed your circumstances as otherwise, your partner won't know what they are potentially giving up by signing the prenuptial agreement
4. Consent – the agreement must be entered into freely with no coercion
5. Meeting needs – the agreement must meet reasonable needs at the time of any divorce proceedings. A specialist Prenuptial Agreement Solicitor will advise on how an agreement can be written to cover future eventualities, such as the birth of children or the purchase of a family home

If your prenup covers these five points the divorce court could make a financial court order in the same terms as your contract. Without a prenup, the divorce court in England has a lot of discretion to do what it thinks is fair.

Is an overseas prenup legally binding?

Whether your overseas prenup is legally binding depends on where it was signed and the laws in that country.

If you plan to live in England, after entry on a Fiance Visa, it's best to take legal advice on the different types of financial outcomes if you obtained a financial settlement in England or in your home country. That may help you decide if you want a prenup and if your agreement should include a jurisdiction clause.

In some situations, your Family Law Solicitors may recommend signing a prenup in London and signing a mirror prenuptial agreement in your home country.

What is a Fiance Visa?

An English Fiance Visa issued by the Home Office gives one-half of an engaged couple permission to enter the UK to get married to or enter a civil partnership with their loved one.

The loved one must either be a British citizen or a person who has permanent status, such as Indefinite Leave to Remain or settled status under the EU Settlement Scheme.

The Fiance Visa is a temporary visa. It only lasts for six months. Within those six months, you need to get married or enter a civil partnership.

If you plan to live in England with your husband, wife or civil partner after your ceremony you need to apply for a Spouse Visa before your Fiance Visa expires.

A Fiance Visa can lead to UK settlement in a five-stage process:

1. Fiance Visa application
2. First Spouse Visa or Civil Partner Visa application
3. Spouse Visa extension or Civil Partner Visa extension application
4. Indefinite Leave to Remain application
5. British citizenship application

Our UK Immigration Lawyers can provide specialist Family Visa immigration legal advice at every stage of your journey to settlement.

Who can apply for a Fiance Visa?

You can apply for a Fiance Visa if you meet these nine criteria:

1. Age - you and your partner must be over the age of 18.
2. Intended marriage or civil partnership – you must intend to get married or enter a civil partnership within six months of your arrival in the UK
3. Your partner’s UK immigration status - your partner (called your sponsoring partner) must be a British or Irish citizen or settled in the UK. This includes British citizens and those with Indefinite Leave to Remain, settled status, refugee status or humanitarian protection in the UK
4. Relationship – you and your partner must be in a genuine relationship and you must intend to live together in the UK after your marriage or civil partnership
5. Financial requirement – you and your sponsoring partner must meet the financial requirements. This is currently set at a minimum income threshold of £29,000. Sometimes various sources of income or capital can be combined
6. Accommodation requirement – you or your partner must have suitable accommodation in the UK
7. English language – you must meet the English language requirement – by either passing an English language test or proving that you are exempt from sitting the test
8. TB certificate  - you must have a TB certificate if you are from a country where you are required to provide one to secure UK entry clearance
9. General eligibility – you must meet the general eligibility criteria for UK entry clearance. For example, you do not have a poor UK immigration record, prior criminal convictions or are not classed as a threat to UK interests

Nothing in the Fiance Visa eligibility criteria precludes you from signing a prenup with your sponsoring partner. That’s because a prenuptial agreement does not show an intention to separate but rather a couple who are committed to their relationship but sensible and insightful enough to recognise that sadly some relationships do break down and that it is best to therefore sign a prenuptial agreement to cover that hopefully remote prospect.

Choosing OTS Solicitors as your Prenuptial Agreement Lawyers and Fiance Visa Solicitors

OTS Solicitors in London specialise in immigration and family law. We therefore have the expertise and experience to prepare your Fiance Visa application and to advise you on a prenup.

Whilst we cannot provide legal advice to you and your sponsoring partner on the prenup we can help ensure that they take independent family legal advice.

Fiance Visas and prenups can be complicated. That’s why you need a specialist lawyer who can cut through the complexities and explain how best to secure your Fiance Visa and who can prepare a prenuptial agreement that meets your needs.

Online and London Family Law Solicitors and Immigration Lawyers

Call the expert London Family Lawyers and immigration specialists at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.

Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi.

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