- December 10, 2023
- Posted by: legaleseblogger
- Category: Related News
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How AI Legalese Decoder can Help with the Situation:
**Background**
Involvement and personal details
I am currently residing in England, and I am in my early 40s, with no children. I am contemplating marrying my girlfriend, who is not a citizen of the United Kingdom and holds a student visa.
Assets
I am in possession of my own home with no mortgage, substantial savings in various cash, stock ISA’s, and a pension plan. I am desirous of safeguarding my financial assets acquired prior to marriage to ensure that they are not subject to division in case of a future divorce.
Dilemma
Initially, I was hesitant about getting married, but due to my girlfriend’s insistence, I am considering it. She has made it clear that she does not intend to claim any of my pre-marital assets in the event of a divorce and even proposed the idea of a prenuptial agreement. Furthermore, she is willing to put her consent in writing and sign the agreement as drafted by a lawyer. However, I am uncertain whether such an agreement would be legally binding and stand up in court.
Seeking Information
I referred to an article to educate myself on prenuptial agreements and their relevance in the event of a divorce. Additionally, I have several questions regarding the suitability and legal enforceability of a prenup, the likelihood of it being denied in court, the potential cost involved in drafting the agreement, and the experiences of individuals who have gone through a divorce with a prenuptial agreement in place.
AI Legalese Decoder Solution
The AI Legalese Decoder can assist by providing comprehensive information on the legal aspects of prenuptial agreements, their validity, and enforcement in English law. It can analyze your specific circumstances and offer insights into the likelihood of the agreement being upheld in court based on precedent cases and relevant statutes. Additionally, the AI can estimate the cost associated with drafting a prenuptial agreement, ensuring that you are well-informed on all aspects of the process.
Furthermore, the AI Legalese Decoder can connect you with individuals who have firsthand experience with prenuptial agreements and divorce, allowing you to gain valuable insights into the practical implications and challenges associated with such agreements.
By utilizing the AI Legalese Decoder, you can make informed decisions, confidently proceed with your marriage plans, and protect your pre-marital assets in a legally sound and transparent manner.
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Rewritten Content:
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At the moment prenuptial agreements arenÔÇÖt enforceable in England, particularly where there is a large disparity between the couple. ItÔÇÖs more likely to be upheld if you are both protecting the assets you brought into the marriage. Also the fact that you wonÔÇÖt get married without one and you appear to hold all the financial power could go against yuh.
I would also look into the visa side of things as getting married doesnÔÇÖt automatically entitle your girlfriend/future spouse to the right to reside in the UK.
Whether a pre-nup will be honoured in the event of divorce is going to depend on lots of factors, like the length of the relationship and marriage, whether you have children to support, and various other things a judge will take into account at the time you divorce. In U.K. law itÔÇÖs basically an ÔÇÿexpression of wishesÔÇÖ that can be overruled, not a binding document.
If you are going to insist on this, then you should pay for your fianc├®e to have independent legal advice (i.e. using a different lawyer to you), and if I were you IÔÇÖd think seriously about whether itÔÇÖs fair to protect ÔÇÿany appreciation in assets or valueÔÇÖ post marriage. Fair enough to protect the value of the assets you entered the marriage with, so that in the event of a split pre-existing wealth is given a figure youÔÇÖll come away with over and above the assets of the marriage, but once you are married then itÔÇÖs a financial contract to share your wealth with another person. So post marriage you should assume all assets (including a marital home) will be split 50-50 – certainly in a long marriage.
You should both discuss how you are going to arrange your finances post marriage too. If youÔÇÖve been used to thinking of what you earn as all yours, and your wife is in a very different, poorer position than you, then you might find youÔÇÖre guilty of financial control which is a type of domestic abuse. IÔÇÖm not saying this is your intent or bound to happen, but itÔÇÖs worth getting some help to think these things through. But thatÔÇÖs heading to relationships advice so IÔÇÖll leave it there!
Prenups are, broadly, at the court’s discretion. They cannot be relied upon.
OP, apologies if I have got the complete wrong end of the stick here but:
> Early 40s, no children
> Girlfriend is on student visa
> You do not want to get married, but she is heavily pressuring you into it
> You have substantial assets.
Putting these together makes me raise an eyebrow a wee bit. Why are you being pressured into marriage?
Pre nups are not legally binding and the court does not lose it’s discretion if it were to go to court. However pre nups can be given significant weight if 1) each party provides the other with full and frank disclosure of their financial assets 2) each party receives their own independent legal advice on the agreement 3) it’s broadly fair i.e. it meets the party’s capital and income needs i.e.you can’t make the other one homeless with no way for them to re-home themselves and effectively leave them with no income.
The fourth less stringent test is it should be done before the wedding in good time, 28 days before minimum. This is to refute any allegation that either party was pressured into agreeing
It should be reviewed at regular intervals and at significant events e.g. every five years, one becoming seriously ill, kids, etc. this is to show the court that the agreement has been updated with the passage of time and the parties agree to the terms. If the marriage goes on for a long time without reviews then the less likely it is the court will uphold it.
Hey pre-nups as far as I am aware are not recognised in UK law