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Ross Miller
Ross Miller,
Category: Family Law
Satisfied Customers: 1542
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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Jim thank you. Why are prenuptial agreements not legally

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Hi Jim thank you. Why are prenuptial agreements not legally binding in England?

Hi, only a signed and endorsed consent order in the family court is binding.

"Pre-nups" are an American invention - not binding in the UK but they are persuasive.

They aren't binding in UK law at the the moment.


Customer: replied 6 months ago.
What do couples generally do in terms on contracts then in the UK when they get married? Where can ifond out Moreno information about the marriage legal 'system' in the U.K. i.e. What happens in terms of protection?

That's the issue - when you marry there isn't protection as such. If the period of cohabitation (and marriage) is 5 years or less then the UK family court is less likely to order ongoing maintenance. Marriage is a serious commitment as I am sure you will appreciate.

Customer: replied 6 months ago.
of course. I do appreciate that and I do believe in the constitution of marriage. I'm just wondering in terms of proeetction in the cases of inheritance, death, adulterous etc. What is the U.K. stance in all this? What does the basic marriage contract that you would sign in a registrar cover? Where can I get more information on this?

Sorry, I will have to opt out to let you consult a lawyer who will give you the authorities for those further questions as I will not have time to that tonight.

Please do not reply as the question will stay with me and there will be a delay with the next expert helping you.

Many thanks

Hello hopefully I can pick this up. So just to sort of build on what Jim said, pre-nups are not legally binding. However, you can still draft and sign one, it will not be legally enforceable, however, should a dispute arise in the future then it will show the court what the intentions were of each party upon entering the agreement (marriage). Its the same as when you write a Will you can attach a letter of wishes. Which can say something like, "I left my neighbour £10,000.00 which is to look after my dog" this is not legally enforceable but expresses what the person's intentions were and could provide some "help" in court. The reality of the matter is that if you get married you are entering into a legally binding agreement and you cannot (legally) put a "fore-agreement" in place.

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

Kind regards


Ross Miller,
Category: Family Law
Satisfied Customers: 1542
Experience: Director (Litigation and Mediation) at Hilltop Solutions
Ross Miller and other Family Law Specialists are ready to help you
Customer: replied 6 months ago.
Okay thanks Ross. What does the marriage agreement in the UK include in terms of protection or does
It not?