I am planning to marry my fiancée as soon as she can join me in the UK

I am planning to marry my fiancée as soon as she can join me in the UK. My family do not want me to get married as they think my fiancée is just using me as a means to come to the UK and as a “meal ticket”. Obviously, I do not agree with my family but I thought a prenuptial agreement might stop my family from worrying that my fiancée is just going to take everything that I have?

Public Answer

Thank you for your enquiry.

Under current UK family law, a prenuptial agreement is not a legally binding document. That means the contents of a prenuptial agreement will not be automatically upheld by a divorce court should you marry your fiancée and subsequently divorce and financial court proceedings are started.

However, a well-prepared prenuptial agreement will carry weight with a divorce court when the court is considering what financial award to make in divorce and financial court proceedings. Therefore, it is important that you do sign a prenuptial agreement prior to your marriage to your fiancée.

If you marry without a prenuptial agreement in place, the divorce court could award your fiancée far more than the court would have done if a prenuptial agreement had been signed before the wedding.

In order for the prenuptial agreement to carry weight in any future divorce proceedings the agreement will need to be prepared well in advance of the wedding date and you will both need to take legal advice on the contents of the prenuptial agreement document. In your situation, there may also be jurisdiction issues.

The first step is to discuss what you would like to put in your prenuptial agreement. A solicitor can guide you on the options taking into account your personal and financial circumstances.

Please note the answer provided above is for information purposes only. It does not constitute legal advice. In order for OTS Solicitors to provide legal advice you would need to instruct OTS Solicitors family law team. If you would like to proceed with legal advice and consult with our family law solicitors please call us on 0203 959 9123.

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