Is it half of everything, 30% 40$ ?? If, before a marriage one of the partners signs a letter forfeiting thier rights to claim from their partner can that be enforced?
2006-11-15 01:56:32 · 13 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
The wife signed a prenuptual agreement in the UK to forfeit her right to claim her hubby's wealth/estate/property?
If someone does not sigh a prenup. what is either spouses entitlement?
2006-11-15 02:02:20 · update #1
according tu UK Law, its 50/50. If you have a pre-nuptial agreement, it is not always enforcable by law. The courts take into account who has the lesser income, that person will almost surely be granted at least half of what you own jointly, be it houses, cars, money in bank etc and if you're a housewife looking after kids, then you and the kids have to be provided for on an ongoing basis. All wills are null and void that you've made BEFORE your marriage, because by default, your partner becomes a beneficiary if you die. If your partner was deliberately trying to break up the marriage to eat into your possessions, you have to give evidence for this (eg adultery) and well, you need to speak to a lawyer really, if you want to see justice done. You can contest whatever your partner claims against you if you feel s/he does not deserve it.
2006-11-15 02:02:34 · answer #1 · answered by Wisdom 4 · 1⤊ 0⤋
Prenuptial agreements are not binding upon the divorce courts in the UK.
If it has been a short marriage with no children however, it is likely that the courts will take the terms of the pre nup into consideration. With short childless marriages it is now unusual for the poorer spouse to walk away with a lot of money purely from having been married for a couple of years - the assets which are split between them are those built up during the relationship. A spouse probably therefore won't lose half of the fortune they made before they even met their partner.
If there are children however, all bets are off as their interests come first. they have to be adequately housed and cared for so if the wife is caring for the children then she could get 50% or even more if mroe is required to house the children.
2006-11-15 03:04:03 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Not all divorces are not the same. It depends on if there are kids involved in it, what state you live in, why you are getting the divorce and a lot of other stuff. The judge is the one that decides on what is going to happen and who gets what. If you can both work out an agreement with out any problems it will be easier for the judge, but if you can't work it out the judge will do it for you.
2006-11-15 02:24:36 · answer #3 · answered by SapphireB 6 · 0⤊ 0⤋
What country do you live in? If the USA, what state? Did the one partner sign a letter or was it an actual Prenuptual Agreement?
We need more info!
2006-11-15 01:59:28 · answer #4 · answered by kja63 7 · 1⤊ 0⤋
There are so many different answers to this. A young couple in their 20s who are divorcing with no children and no property are an entirely different case to a couple where the husband is working and the wife is looking after 3 kids and they have a mortage, and that again is different to the billionnaire rock star divorcing his wife. Each divorce is different. A divorce solicitor will advise.
2006-11-15 02:30:18 · answer #5 · answered by Caroline 5 · 0⤊ 0⤋
It depends on the state you live in, how long you've been together and if there are children involved. If it is an uncontested divorce (you both agree) then you walk away with what you brought into the marriage. If a contract was signed, it will most likely be reinforced in court.
2006-11-15 02:01:02 · answer #6 · answered by vanhammer 7 · 0⤊ 0⤋
usually its 50%, unless something was owned prior to marriage, then it belongs to the person who owned it. If there was an agreement made prior to marriage, it may be enforcable. Best thing to do would be to take that agreement to a lawyer, the wording means everything with those sticky situations. Good luck to you!
2006-11-15 02:03:21 · answer #7 · answered by Elvira 3 · 0⤊ 0⤋
50/50
2006-11-15 04:22:06 · answer #8 · answered by Joe P 2 · 0⤊ 0⤋
In the Uk, 50%. Second, yes, as it would be construed as a deed of gift.
2006-11-15 02:03:50 · answer #9 · answered by ALAN B 3 · 0⤊ 0⤋
50% - unless their was a prenup signed before
2006-11-15 02:42:53 · answer #10 · answered by Cookie On My Mind 6 · 0⤊ 0⤋