UK Immigration Law
Ask an UK Immigration Law Question, Get an Answer ASAP!
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.
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?
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.
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?
Yes, that is correct.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).