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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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This is an international law question. Under UK law is it

Resolved Question:

This is an international law question.
Under UK law is it possible to have a pre-nuptial marriage agreement to cover the allocation of assets and maintenance in case of separation/divorce?
If not, can two British nationals have a valid pre-nuptial agreement if they marry in another country?
Thank you.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you .

It is posisble for there to be pre-nuptial agreements in the UK but in subsequent Divorce Proceedings the Court can decide to disregard it if they do not consider it meets the actual needs of the parties involved.

Technically this is the case if there is a UK divorce following a foreign marriage

However if there has been full financial disclosure; both sides have had independent legal advice and proper provision is made then it is likely to be accepted

Please ask if you need further details

Customer: replied 1 year ago.

Thank you for your answer, Clare.

Could you clarify what you mean by 'proper provision is made'?

Thanks.

Expert:  Clare replied 1 year ago.

That would depend on whether or not there are children, and what the reasonable needs of the parties are - but basically means that both spouses are able to move forward without one party simply keeping all the assets

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