Property and Children

cd10

Hi there,

I own a few properties and am contemplating having children in the near future. After getting 'burned' before in a previous relationship and having to pay out several thousand pound, I was wondering how i could protect my properties if i was to have a child and my current relationship was to go 'sour'?

I have no problem what so ever paying for my child if my relationship ended but im wondering how i could protect my properties from my partner? I understand that im being pessimistic but having been taken to the 'cleaners' after a previous relationship broke im looking for advice on how i can protect my assets? Again let me stress i would never deny the child anything and hate Fathers who dont support or take responsibility for their children.

Any advice will be appreciated.

Mrs_Z

Are you married? If not, then pre-nuptial would be way to go before tying the knot I guess.

If you are not married, then I don't think she could have any claim for your assets, only child maintenance payments.

Others will correct if i'm wrong.

mchale

A pre-nup has no legal standing in UK law, it can only influence a courts decision, expensive but look at putting properties in a trust fund.

pmlindyloo

Get yourself a good solicitor and arrange a pre nuptial agreement before you marry.

If you are not contemplating marriage then you will still need a good lawyer to get some sort of legal agreement worked out with your partner.

I know I am not supposed to be judgemental on this site but I am glad I am not your partner!

Hanky_Panky

pmlindyloo wrote: »

I know I am not supposed to be judgemental on this site but I am glad I am not your partner!

If it's never happened to you before it's difficult to comment.

It's happened to me twice !! So I know exactly where the OP is coming from. The second time you kid yourself that it won't happen again then - wham ! You've been screwed over again.

I have now been happily married for 12 years with two fantastic children but at the beginning I made absolutely certain I couldn't be taken to the cleaners again.

pmlindyloo

mchale wrote: »

A pre-nup has no legal standing in UK law, it can only influence a courts decision, expensive but look at putting properties in a trust fund.

Oh yes, they do!

See here:

http://www.guardian.co.uk/money/2010/oct/20/prenuptial-agreement-enforced-uk-law

However, I do believe that they can be overuled but they are certainly legal.

SuzieSue

The best way would be to have an agreement drawn up before you have children and not get married. Unfortunately, most women probably won't agree to sign the agreement and even if they do, they probably won't want to have any children unless you are married as they will know that if they are not married it will be much more difficult for them to keep the house for them and your children to live in.

If you are not prepared for your your wife and children to remain in the house after a divorce then it is probably best not to have children.

I completely sympathise with you as my partner was taken to the cleaners by his ex-wife, but in his case it was worse as he didn't want children but his wife pretended she was on the pill to trap him. Anyway, his advice would be to definitely not get married but also not to have children. But if you want children then you have a problem and I don't think you can have it both ways.

mchale

pmlindyloo wrote: »

Oh yes, they do!

See here:

http://www.guardian.co.uk/money/2010/oct/20/prenuptial-agreement-enforced-uk-law

However, I do believe that they can be overuled but they are certainly legal.

Correct, so therefore not a guaranteed way of covering your ar*e

cd10

does anyone know of a legal way of doing this ie trust funds, putting them into a company etc?

Kynthia

Is it that you are worried about the property you will both be living in or that your partner will be awarded a share of all of your properties?

cd10

Both really. She dosnt currently live with me but yes im worried about my residential home that she may move into and also my buy to let properties. I read an article going back a while where a partner was taking her ex to court regarding his portfolio of properties. My girlfriend hasnt paid anything into any of my properties either my home or the buy to lets (2) and im scared of having kids and comitting encase i get burned again!!!!