Marriage Visa- How complex is seperating again later on?

sambessey · Post by **sambessey** » Thu Jun 04, 2009 7:02 pm

Hi,

Me and my GF have talked about us becoming married so she can live and work in the UK (Currently on a student visa).

I am just wondering what the implications are if we wish to seperate in the future? Obviously I would not be doing this if I saw prospect of this happenning, but I assume that it is effectively the same as any other marriage- given that my earnings and assets are significantly higher than hers (even if/ when she obtained full- time employment)... but with her being from Brazil, and there always being the possiblility she will not be happy settling in the UK, is it possible to draw up some kind of 'pre nuptual' in the event we did split in the future? If so, any ideas on costs?

Thanks

bani · Post by **bani** » Thu Jun 04, 2009 7:32 pm

Those are valid concerns for any marriage, and it is a good idea to draw up a pre-nuptial agreement. No idea of the procedure or cost, but good luck to you both.

OFCHARITY · Post by **OFCHARITY** » Fri Jun 05, 2009 11:28 am

As far as I am aware pre-nuptial agreements are not valid in the UK. There have been several high profile cases in the media in this regard.

Post by **Casa** » Fri Jun 05, 2009 2:21 pm

Not valid in the UK. Not a good idea though to marry simply so she can stay in the UK.

sambessey · Post by **sambessey** » Fri Jun 05, 2009 3:00 pm

Casa wrote:Not valid in the UK. Not a good idea though to marry simply so she can stay in the UK.

It is not simply so she can stay though (As you put it). We both want to stay together and unfortunately her student visa is going to expire in November.

Post by **Casa** » Fri Jun 05, 2009 3:05 pm

I was misled then by your comment 'becoming married so she can live and work in the UK'.

Are you both over 21?

Sushil-ACCA · Post by **Sushil-ACCA** » Fri Jun 05, 2009 3:06 pm

and any arrangement is punishable crime

Post by **Casa** » Fri Jun 05, 2009 3:07 pm

Punishable fine? Good heavens....what, for a pre-nuptial agreement??

sambessey · Post by **sambessey** » Fri Jun 05, 2009 3:31 pm

I am 26 and she is 25. We have been together about 1 year and 8 months thus far. As I said, I am just looking for a way to protect myself incase it all ends badly really. (Not that I think it will).

She has been living here with me since September on a student visa, studying English, and before that, we were living in Madrid (I was there with work, and she was there on a visa and was forced to leave as her company could/ would not help her with her visa renewal). She has tried to obtain permenant employment here via a work permit, but not having any luck, and to be honest, I don't think she will find a sponsor.

Post by **Casa** » Fri Jun 05, 2009 3:37 pm

Hope it all goes well for you. Remember, if you're going to marry in the Uk she will have to apply for a COA from the Home Office....but at least it's free now....unlike the visas that come after the marriage!

Wanderer · Post by **Wanderer** » Fri Jun 05, 2009 3:40 pm

Easy, just spend all ur money in the pub.....

bani · Post by **bani** » Fri Jun 05, 2009 6:20 pm

If you can prove that you have been living together for 2 whole years (here plus Madrid), I think she can apply for an unmarried partner's visa.

Wow, I wasn't aware pre-nuptial agreements are not allowed in the UK. Seems pretty backward to me (for a society not to allow it).

sambessey · Post by **sambessey** » Sat Jun 06, 2009 7:39 pm

bani wrote:If you can prove that you have been living together for 2 whole years (here plus Madrid), I think she can apply for an unmarried partner's visa.

Wow, I wasn't aware pre-nuptial agreements are not allowed in the UK. Seems pretty backward to me (for a society not to allow it).

We can easily prove here (Tenancy agreement signed by both 9 months ago), problem is in Madrid, I lived in hotels. We would only have proof of being together via photos, SMSes, emails, flights taken together, etc.... nothing concrete. Would this be enough? I doubt it.

sky07 · Post by **sky07** » Sun Jun 07, 2009 9:42 am

Doesn't sound like you trust your girlfriend's intentions towards you so that is sad. And if you break up as all marriages could do, you would not want her to have what she would be entitled to have. Not the best basis for a romantic union. You should only marry because you can't live without the other person and the spouse visa should be incidental. There are no guarantees in life.

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Marriage Visa- How complex is seperating again later on?

Marriage Visa- How complex is seperating again later on?