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Category: UK Immigration Law
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Good day, I would like to know about marriage contracts and

Resolved Question:

Good day,
I would like to know about marriage contracts and getting married in another country.

Lets say, a british person marries a south african in south africa and they then live in the UK. They don't have an anti nuptual contract - does SA marriage law take precedence on how to deal with the estate or is UK law used? If UK law is applied, what are the UK marriage law options when getting married without an anti nuptual contract?

Thanks
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  INC replied 2 years ago.

Hi,

 

In the leading case in this area, Radmacher in the House of Lords, the relevant pre-nuptial agreement was signed in Germany from where the wife originated. This did not make it any the less enforceable. Similarly if the pre-nuptial agreement is signed in South Africa, it is still enforceable in the UK between the parties. This rule applies even if the wedding takes place in another jurisdiction. Remember that it is where the parties are resident at the time the marriage breaks down that will assume jurisdiction over the divorce. Accordingly, if that is the UK, there is nothing to prevent a pre-nup signed in South Africa being enforced in the UK.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

Customer: replied 2 years ago.

Thanks for your help.

I understand that a pre-nup would be enforceable where ever we may be, the question is where you don't have a pre-nup.

SA marriage laws are quite specific on what happens if you don't have a pre-nup, and how property is divided should the marriage end. When registering the marriage in SA, certain elections have to be made.

If we lived in the UK when the marriage ended, would those elections we made in SA, and the SA law be enforceable, or would we follow UK marriage law?

Thanks

Expert:  INC replied 2 years ago.

Hi,

 

The general rule of thumb is 50/50 split of the assets. However, this figure can change depending on certain circumstances, for instance, if there are children.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

Customer: replied 2 years ago.

Does that mean that we would be bound by UK marriage laws because we are living there, and the SA laws would not be applicable?

 

Thanks

Expert:  INC replied 2 years ago.

Hi,

 

Yes, that is correct.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

INC, Solicitor-Advocate
Satisfied Customers: 11510
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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