Post Nuptial Agreement anyone?

simpywimpy

Im wondering if anyone has had a post nup agreement drawn up and used?

My husband is sleeping around and I need to protect my assets. I have a number of BTL plus my own house I bought before we married 10yrs ago.

He doesnt want to leave the marriage but I want to protect myself in case I do if his behaviour continues.

tea_lover

Surely they'd have as little legal standing as a pre-nup? As you're married they're all joint assets in the eyes of the law.

aileth

Can't help, but sleeping around and yet refuses to leave the marriage? What a charmer. He obviously has his eyes on the £££.

simpywimpy

I just feel its so unfair if I end up having to give him half of any assets when he has done the dirty. It's built up using my inheritance from my parents so not even part of a joint venture

sacha28

Could you transfer your assets into the name of someone you trust? Like parents or someone like that?

sacha28

Oops sorry, your post came through when I was writing my last post. I am so sorry

simpywimpy

My children are old enough so I could transfer property (2) that are owned outright into their names, its the BTL ones with mortgages that would be a problem as only just remortgaged them.

The post nup idea seems rather complicated, what about a deed of trust to the equity would be split between me and the children, leaving my share at just 25% in each mortgaged property. Would I have to inform the mortgage companies and land registry or just lodge a document with the solicitor?

sk240

As far as im aware it would not be worth the paper its written on, seeing as you are married im afriad you would have to fight it out in divorce court

Tropez

The court has the right of variation but a post-nuptial agreement may be taken into consideration, providing it fulfills a number of criteria. There has been legal precedent (MacLeod vs MacLeod) for people to have the right to seek enforcement of a post-nuptial agreement but that doesn't lessen the courts rights in asset distribution in divorce.

The agreement needs to be voluntary, with adequate, separate legal consultation on both sides, it should be made after a period of time in which the parties have the opportunity to consider their options (several months) and it has to be considered fair. If your BTL properties would present you with substantially more assets in a divorce then it might be argued as unfair.

You should seek legal advice from a solicitor specialising in family law.

duchy

Do you really think your husband would agree to signing such an agreement ?

simpywimpy

Yes he would at the minute but I don't want to leave it until a future break up when things might not be amicable