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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I will be getting married in the UK and i am from south africa.

Resolved Question:

I will be getting married in the UK and i am from south africa. so i wanted to know what is the law regarding marriage in community of property. in South africa when u get married with the law it is automatically marriage in community of property unless there was a ante nuptial contract signed. How does it work in the UK? i want to be married out of community of property, so do i have to do anything ?
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
,

The courts decide how assets are to be split up in the event of a marriage breaking down, taking into consideration a lot of factors.

See here information:

https://www.gov.uk/money-property-when-relationship-ends/how-the-court-splits-assets

and here:

http://www.coupleseurope.eu/en/united-kingdom/topics/2-is-there-a-statutory-matrimonial-property-regime-and-if-so-what-does-it-provide

Hope this helps
Customer: replied 2 years ago.

This information helps but is not satisfactory as i dont know what steps to take. All i want to do is make sure my wealth is secure, so should the marriage break, i dont want a court to decided what assets gets split up etc. She would take what is hers and i should keep what is mine.

so how do i achieve this?

Expert:  UKSolicitorJA replied 2 years ago.
You would be advised to enter into a pre nuptial agreement with your future spouse in that case.

See here: http://www.prenups.uk.com/site/summary-of-the-current-law
Customer: replied 2 years ago.
Relist: Inaccurate answer.
i am getting married in the uk. so i want to know what can i do to ensure if the marriage breaks that my assets will remain mine and that no court cant just split assets of mine just because my wife divorced me.
Expert:  Clare replied 2 years ago.

Thank you question.
My name is ***** ***** I will do my best to help you
There is no concept of "in community of property" and "out of community of property" in the Uk.
Id a divorce takes place in England and Wales the court has wide grounds to distribute the assets held by either or both of them in any way it considers appropriate
The only way that you can attempt to avoid this is by the signing of a Pre-Nuptial agreement.
This needs to be signed at least 28 days prior to the wedding, after both have made full financial declarations and have received independent legal advice.
I must be honest and say that even then it is not guaranteed HOWEVER there has been recent case law which makes it more likely that the Agreement will be respected
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you response. can i have an agreement drawn up here in south africa?

Or

Can you assist with drawing up a pre-nuptial agreement?

Do you have any idea how much it will cost to get it done?

Expert:  Clare replied 2 years ago.

My apologies delay.
It has to be signed after you have both had advice from lawyers with a knowledge of matrimonial law
It is possible that a prenup made under South African law could be sufficient
Unfortunately you will need face to face advice that I cannot give under the rules of the site - but in the uk it should cost between £500 and £100
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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