overseas marriage

xyz111

hi is nikkah (islamic marriage) is automatically registered in uk upon naturalisation of couple.
in case of divorce what happens to assets including house? are they equally split

Sarahspangles

An Islamic marriage that takes place in the UK wouldn't be recognised as valid.  However if the marriage was valid in the country where it took place then it will be recognised as valid in the UK, although you might have to get certificates translated in order to use them in a petition for divorce.

You can't use the UK court system and attempt to get an outcome that is some hybrid of UK and Sharia law.  
At the point you have established that the marriage was valid, the divorce process and treatment of assets is the same as for any other marriage in the UK.  You'd need to give a lot more information to get any sort of opinion on how assets might be split.

xyz111

what is prenuptial agreement and is that legally binding in case of divorce

RAS

To some extent, but it depend on whether there are children, how long you've been married. It may be the coercion and things like DV would be taken into account.

elsien

Prenups are not legally binding. And would probably be less likely to be taken into account the longer that the marriage lasts. Bearing in mind that it would be completely unfair for someone to be married to you for 20 years, perhaps raise children, perhaps work and contribute to properties that you might buy, but be expected to walk away with nothing if you do divorce? 

diystarter7

Hiya

Prenups are better than nothing and that is a fact.
Just Google Prenups and decide for selves.

I'm not sure OP but someone with good knowledge re this item may hopefully pop along and help

Good luck

powerful_Rogue

diystarter7 said:

Hiya

Prenups are better than nothing and that is a fact.
Just Google Prenups and decide for selves.

I'm not sure OP but someone with good knowledge re this item may hopefully pop along and help

Good luck

As they are not legally binding in the UK, where is it a fact that it is better to have one?

45.6% of facts are made up. Fact.

NBLondon

powerful_Rogue said:

As they are not legally binding in the UK, where is it a fact that it is better to have one?

Because it can (not necessarily will) be taken into account in a divorce settlement.  So could be better than nothing since it indicates previous intentions.

DullGreyGuy

NBLondon said:

powerful_Rogue said:

As they are not legally binding in the UK, where is it a fact that it is better to have one?

Because it can (not necessarily will) be taken into account in a divorce settlement.  So could be better than nothing since it indicates previous intentions.

However if you have a prenup and dont realise its not binding you may make decisions that you wouldnt have made had you known its not water tight. So you could find yourself in a worse position as a consequence

NBLondon

DullGreyGuy said:

NBLondon said:

powerful_Rogue said:

As they are not legally binding in the UK, where is it a fact that it is better to have one?

Because it can (not necessarily will) be taken into account in a divorce settlement.  So could be better than nothing since it indicates previous intentions.

However if you have a prenup and dont realise its not binding you may make decisions that you wouldnt have made had you known its not water tight. So you could find yourself in a worse position as a consequence

Since diystarter7's next sentence was "Just Google Prenups"  - anybody who hasn't found out they aren't legally binding in the UK before freely signing one will have to live with their lack of planning...

DullGreyGuy

NBLondon said:

DullGreyGuy said:

NBLondon said:

powerful_Rogue said:

As they are not legally binding in the UK, where is it a fact that it is better to have one?

Because it can (not necessarily will) be taken into account in a divorce settlement.  So could be better than nothing since it indicates previous intentions.

However if you have a prenup and dont realise its not binding you may make decisions that you wouldnt have made had you known its not water tight. So you could find yourself in a worse position as a consequence

Since diystarter7's next sentence was "Just Google Prenups"  - anybody who hasn't found out they aren't legally binding in the UK before freely signing one will have to live with their lack of planning...

https://www.equifax.co.uk/resources/money-management/prenups-and-divorce.html

Are UK prenups legally binding?

Usually, yes – however, there are several caveats. Even though UK courts recognise prenuptial agreements, they can also veto any agreemen  within the prenup if any part of the agreement is unfair or discriminatory towards any children.