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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 6597
Experience:  Barrister at law
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How can one keep the full original rights concerning one or

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Hi, how can one keep the full original rights concerning one or more properties in the UK should this landlord/lady get married, without signing a prenup (i.e. if the partner of the landlord/lady does not wish to sign one)? For argument sake, let's say one property is fully paid for and another one is still mortgaged.In other words, what are the alternative options for prenups or legal measures to ensure this kind of protection of properties in the UK? And if this alternative solution exists, is it linked to UK marriage laws only and would it be overwritten should the couple marry abroad?

Hello, my name is ***** ***** I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

I'm just reviewing your question.

OK - essentially, pre-nups don't carry the legal weight in the UK that you might think.

Let me set things out for you here.

The starting point is that any property owned prior to marriage is not considered a marital asset.

Should the relationship breakdown, and you look to divorce, the position is that this presumption would only be departed from if it was necessary to meet the needs of one or more of the parties and it was deemed fair in the circumstances. This departure from the presumption would also override prenup.

So whilst you can sign a prenup, and this will be 'more' legally binding if it is entered into with independent legal advice on both sides, there is always the chance that a judge can depart from the agreement in the divorce settlement if it is deemed fair to do so.

This is the law as it stands currently, but the law is an evolving beast!

As to the laws of other countries, I cannot offer advice there.

Is there anything I can clarify about this, as far as the UK position stands, for you?

Customer: replied 6 months ago.
Hi Peter, no - this is great! Thank you very much.

My pleasure.

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (at the top right of your screen), I'll be credited for my time spent responding to your question.

Kind regards,

Peter

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