Prenuptial agreements

RaiderHammer

Are they legal in the UK?

Enforceable?

Worth doing if there is a vast difference in wealth when entering a marriage?

Vomityspice

Yes if your not married, or no if you are (Fetters the discretion of the Court - Matrimonial Act 1973).

Courts might take note of a pre-nup as it may show the parties intent, however, they are not bound by it.

RaiderHammer

Is there any way of protecting a property and savings / investments if married? Move them to a company set up that's sort of not trading?

Vomityspice

Perhaps the simplest way would to be have the 'property' held on trust. This could be with people you trust (parents?). With a notice on the land register (assuming its a house) noting a restriction on sale (i.e. you need to consent). (Case of Flegg might give you some idea why this is important).

The problem with a company might be, although it is a separate legal identity, If the company is completely owned by you, then it would probably (Not 100% sure, someone else will hopefully clarify!), be classed as a matrimonial asset.


A trust is your best option, or alternatively get married in France were pre-nups are valid?!

saveallmymoney

I had recent legal advice that whilst pre-nups are not legally binding, courts do take them into account as long as no major change in circumstances (e.g. someone becoming disabled) has occured.

RaiderHammer

Does anyone know if there is a list of countries on the internet of countries where pre nuptials are valid? Thanks.

Pssst

RaiderHammer wrote: »

Are they legal in the UK?

Enforceable?

Worth doing if there is a vast difference in wealth when entering a marriage?

No...........

anguk

RaiderHammer wrote: »

Does anyone know if there is a list of countries on the internet of countries where pre nuptials are valid? Thanks.

From what I can make out in order for the pre-nuptial to be valid you have to be divorced in the counrty where you were married. For example I found a case from last year of a couple who signed a pre-nup and got married in Florida, they moved to the Isle of Man a year later then 10 years later divorced. Because they divorced on the Isle of Man the pre-nup wasn't binding, however if they'd divorced in Florida where they were married it would be. So if you want your intended to sign a pre-nup and it be binding you would have to marry and divorce in a country where they are legally binding.
http://business.timesonline.co.uk/tol/business/law/article5133834.ece

I can understand people wanting to protect themselves and as much as we may think marriage is forever the reality is they often don't last but isn't it a shame that so many couples now almost seem to expect to get divorced? It seems to take the romance out of a wedding, "I promise to love you and stay with you till the day I die but just incase I change my mind sign this pre-nup"! :rotfl:

pinkshoes

If you're considering a pre-nup, you shouldn't be marrying them!!

celyn90

RaiderHammer wrote: »

Does anyone know if there is a list of countries on the internet of countries where pre nuptials are valid? Thanks.

I would assume it would depend on the country of divorce as well as the country of marriage. You have to be habitually resident in a country before you can divorce there.

swiss69

pinkshoes wrote: »

If you're considering a pre-nup, you shouldn't be marrying them!!

Bit simplistic that isnt it?

Ok so you are the one who brings lets say £200,000 into a marriage and your partner brings in £0 or even debt. Your partner then has an affair once married after 6 months and you kick them out. They then claim half your money - Yes you dont expect that to happen when you get married and marriage is for life blah blah blah ....but unfortunately in 50% of cases it aint!

I would agree that anyone with lots more money than their partner should have seperate accounts and SHOULD NOT get married. Just stay a couple...Easy for a man to do as many men cant be bothered with it all anyway but unfortunately the romance of being married etc is just too much for some ladies!