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History: Home UK Divorce Forum
Topic:
Prenup - UK or USA (4 Posts)
Started By:
Date:
08 June, 2017 01:15PM
Prenup - UK or USA
Karloss - 08 June, 2017 01:15PM
I have a question about where best to create a prenup and the time frames needed. I am going to marry an American woman and I have two UK properties which I would want to retain in the event of future divorce.

We plan to marry in Washington DC which is not a "community property law" state, so the courts there would respect the idea that we retain our own property on separation, providing it is fair and reasonable.

We plan to live in the UK. We may move to the US in a few years time.

As I understand it in US law, if we both have independent legal advice (in the US) and sign the prenup a month before the marriage then it is likely to be accepted.

I also understand that circumstances change and then courts in US and even more so in UK may overturn this if there is child maintenance or the perceived need for spousal maintenance at a future date.

Given this - would there be any advantage to having a prenup drawn up under UK law rather than US law? is the 30 day lead in time enough for UK courts to accept?
Re: Prenup - UK or USA
davidterry - 12 June, 2017 01:37PM
>>I am going to marry an American woman and I have two UK properties which I would want to retain in the event of future divorce.

Then the best advice would be not to get married - especially if you intend to live in the UK. Although prenuptial agreements are now given more weight than they once were in the UK the fact is that in the event of divorce the courts here still retain the last word. If, say, you entered into such an agreement and then you had children together it is almost certain that a court would more or less disregard any agreement because the needs of the children would come first. And this is just one of many situations which could affect whether such an agreement would carry much weight.
Re: Prenup - UK or USA
Karloss - 14 June, 2017 02:43PM
Yes, I appreciate that changing circumstances can render the agreement most likely disregarded by the court. Considering a break which occurs in the absence of children, lottery wins or other life changing events, would a UK or US drawn agreement be viewed differently? Or would an agreement be considered equally, regardless of which could try it originated in( provided it was entered into with independent legal advice, absence of coercion etc)?
Re: Prenup - UK or USA
tyler74 - 15 June, 2017 08:11AM
Why don't you do a second document in the UK referencing the first one?
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