overseas marriage

TBagpuss

powerful_Rogue said:

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.

When a couple divorce, if they can't agree on the financial split the court has an obligation to try to make an order which is fair to both parties taking into account all the circumstances.

The existence of a pre-nup and the fact that the parties had a definite agreement and the intention to be bound by their agreement are both relevant factors, but a court will also take into account all other relevant factors, which include things such as the length of the marriage, the parties incomes, earning capacities, their needs and those of any children etc. 
A court is not bound by the terms of a pre-nup, so they are not legally binding, however, they are required to take account of all the circumstances, and of any conduct by either party it would be unfair to ignore, so the general approach is that where there is a pre-nup, and provided it met certain criteria (generally, that both parties had proper advice before signing, that there was adequate disclosure so both knew what they might be giving up claim to, and tat neither was pressured or under duress to sign) that the court will use the pre-nup as the starting point for a settlement.

The longer ago it was signed, and the greater the changes since, the less weight is likely to be given to it. So things like having children, or any substantial changes to health , income or earning capacity might all mean that less weight was give n the the agreement. 

The courts have also tended to put the onus on the person wanting to ignore the pre-nup to convince the Judge that that is fair - i.e . to justify why they should NOT have to keep to the agreement 


So it is worth having but it is not cast iron. Generally speaking, the weight given to them reduces over time, so if you split up after 2-3 years of marriage a pre-nup will carry more weight than if you split up after 20 years. 

The Radmacher case is the leading case which sets out the Supreme Court's guidance on pre-nups and also gives a fair amount of information about how the law in this area has changed and developed. 

 https://www.supremecourt.uk/cases/uksc-2009-0031.html

elsien

And of course if the potential spouse didn't have access to independent advice, for example someone from another country who wasn't aware of their right to refuse then it's again of less value.