Post Nuptial Agreement anyone?

tea_lover

simpywimpy wrote: »

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

Isn't there a danger that even if he does sign something now, if things do turn less amicable he can just say he didn't understand what he was signing/it isn't a fair agreement, etc?

It's a horrible situation to be in, I hope you find a way forward that you're happy with.

Errata

simpywimpy wrote: »

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.

Protect yourself by popping into the STD clinic, health is more important than bricks and mortar.

simpywimpy

That made me smile Errata I told him no aids test - no sex! He works in South Africa so enough said!

Not that I want any after what he's done

SuzieSue

If your assets were acquired (bought outright) before you married then I think they will not be included when dividing the marital assets especially as they were from an inheritance (although I am not 100% sure about this, I just remember reading it somewhere).

However, if you didn't buy the assets outright and carried on paying mortgages on them during your marriage then I think those assets will be counted as marital assets.

duchy

A lot depends on the length of the marriage (eg a "short" marriage of less than five years is regarded differently to a long standing marriage with children). You really need to get proper legal advice rather than rely on a forum.

SuzieSue

duchy wrote: »

A lot depends on the length of the marriage (eg a "short" marriage of less than five years is regarded differently to a long standing marriage with children). You really need to get proper legal advice rather than rely on a forum.

I am sure that she will (especially if she is going to get a post-nup drawn up), but I think she just wanted to ask if anyone had done anything similar.

fluffnutter

What sk240 said. You can't start shifting money around to 'hide assets'. That kind of thing will be sniffed out by his solicitor if or when you divorce. Either commit to the relationship, in which case you continue sharing everything (including STDs), or divorce him and fight for your assets in court. Personally I know what I'd do...

itsanne

fluffnutter wrote: »

Either commit to the relationship, in which case you continue sharing everything (including STDs), or divorce him and fight for your assets in court. Personally I know what I'd do...

This.

I don't understand your reasoning at present.

SuzieSue

itsanne wrote: »

This.

I don't understand your reasoning at present.

Thousands of women put up with their husbands being unfaithful without getting divorced, so the OP isn't that unusual.

fluffnutter

SuzieSue wrote: »

Thousands of women put up with their husbands being unfaithful without getting divorced, so the OP isn't that unusual.

No, indeed. But then they're committing to the marriage in which case 'all that I have I share with you' and all that. Either you're married, or you want to get divorced. No point being married but hiding all the silver.