Pre nup

blondeman

Hi,

I have lived with my partner for 11 years we have a 2 year old and are getting married in June.
Is it worth whlie trying to protect my pension with a prenup?

Cheers

Blondeman

skintchick

Not if you love her - why would you want to stop her benefiting from your pensions if you're getting married?

MrsTinks

I think it's worth discussing with her and possibly getting some legal advice. I know my hubby didn't but then again it would never occur to me that I have any rights to his pension

Pssst

This is a very important issue.

It is true that an ex wife can lay claim to an ex husbands pension.

Presumably it also works the other way round.

AFAIK pre nups do not have any legal standing in the UK.

A friend of mine-his wife ran off with another man. Now shes fleecing him (her ex) despite apparently getting what she wanted (the other man) and shes doing him for his pension.

Just dont get married. You can still love eachother without getting married.

Kavanne

I thought prenups weren't valid in the UK?

pinkshoes

If you're asking these questions, perhaps you're not ready for marriage?

Given she's had your child, surely she gave up time out of her career, thus jeopodising her own pension, so it would only be fair that she gets some of yours???

Jokaty82

pinkshoes wrote: »

If you're asking these questions, perhaps you're not ready for marriage?

Given she's had your child, surely she gave up time out of her career, thus jeopodising her own pension, so it would only be fair that she gets some of yours???

Completely agree!!!

blondeman

Thanks for some interesting input, its not a point of love or being ready, its more about being organised in the event of divorce. A very common event.
There is no harm if you both agree which by the way we do, i just wanted to know if a pre nup is worth the money, and i think the answer is it may be, or perhaps not!

Cheers

Blondeman

listerofsmeg_2

going off on a tangent...

We're buying a house, but the money is coming from ME, not my partner. I inherited it.

Our solicitor wants my partner to sign a waver saying if we split, he has no claim to the house. Also that the house is solely in my name.

Now, I trust him completely and we plan to marry when we get round to organising it. I believe we won't split up and we'll live happily ever after. BUT my partner pointed out, he's a lot older than me. At some point in the future, there is a possiblility he will go senile. And when people go senile, they sometimes change for the worst.

So, while I know in his right mind, he wouldn't fleece me for the house, he's going to sign the waver and the house will be in my name INCASE he loses his mind and becomes a different person.

So... what I'm saying is, you can never be too careful, even if you trust someone.

mookiandco

Whilst pre-nups are not legally binding the Court are now taking them more and more into account as a document stating the parties intentions at the time of the marriage. However the law relating to the division on property and finances is likely to continue to take precedence over any pre-nup for many years to come. With regards to your pension, the Court will need to take all circumstances into account in deciding whether there should be a pension sharing order i.e your wife has a claim on your pension. They will need to consider what if anything there is in terms of money and property in the matrimonial 'pot', length of marriage, ages of the parties, ability to work, housing needs, needs of any children of the family etc etc. The pre-nuptial agreement will be considered but will certainly not be binding.

I would suggest that if you can you speak to a family solicitor who will be able to advise you about your particular circumstances in more detail.

For development of the case law, have a look here: http://www.familylawweek.co.uk/site.aspx?i=ed697

Sadly in this day and age, it is becoming more and more nescessary for couples to protect the assets they have when they come into a marriage. Whilst it would not be something me and my husband would have considered before marriage or even now, for many especially those who have been stung before it is a sensible approach.

Errata

Do a pre-nup or a post-nup, but there's nothing to prevent your wife at divorce time claiming she signed it under duress.