You may wonder what exactly is meant by the term ‘marital property' when it comes to your residential property. Marital property concerns the UK residential property acquired by a couple during the course of their marriage. It also applies to other types of property they acquired as a couple, beginning on the date when they were lawfully married.

The timeframe that governs marital property is deemed to have ended either when the couple divorce or when they separate and begin living in different residential properties. Property research shows that due to the fact that prenuptial agreements are not legally enforceable in the UK, any such agreements are at the discretion of the court at the time of any financial hearing between couples. This comes into play when there is a dispute over ownership of property between couples or one partner claims for ancillary relief from their spouse.

Property market research shows that as prenuptial agreements aren't enforceable, many people are deterred from marrying or entering into civil partnerships in order to protect their assets. Couples who have previously been through divorce and have lost property are even less likely to enter into a civil partnership.

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