Post Nuptial Agreement anyone?

SailorSam

I got asked to sign one once, I'd been seeing this woman who was a Yank (she was loaded), she wanted me to go back to the States with her but if i went she wanted me to sign a pre-nup, even though we were only going to live together.
She said i don't want anything of yours (only 'cos i've got nothing)
But she had grown kids and said everything she had was for them.
She went back home but i stayed here.

Voyager2002

I have to say that I have never heard of a post-nuptial agreement (only pre-nuptial). In any case, you could certainly discuss with him what you would want to happen in the event of divorce, but what could you offer him to make him agree to accept less than the law says he should have (which is what he would get from fighting in court)?

Severine

Actually, yes, you can draw up a post-nuptial agreement, and for many people who do, a rift in the marriage is a popular time to choose to do so.

Prior to 2010, pre-nups and post-nups were not enforceable in England and Wales. However, that was changed by the case of Radmacher v Granatino in the Supreme Court, in which a pre-nup was upheld. This set a precedent for the enforceability of pre- and post-nups in Britain.

If you choose to do this, both you and your husband will need to seek independent legal advice in order to draw up an agreement that is fair, thus maximising your chances of it being upheld if you do later decide to end the marriage.

simpywimpy

If Im brutally honest, I don't want to remain married. I've no trust left but all I have is my properties which probably give me a small wage. He on the other hand earns approx £4000pm and with two weddings coming up and one still in education, I need the income, hence why I am frightened of divorcing at this time.

I can transfer any properties without mortgages into my daughters name to protect them.

Adding up I have 97k of equity in my other properties. Two of those properties are occupied by my two grown up children. Technically I would have to pay him 50k or thereabouts.

If I had to sell them to pay him 50k, I would then be left with no income and could argue that my son who although an adult would be homeless with a serious disability

However, these properties are my income which I can get down after expenses to show £700pm.

We have no children together however, would the court let me keep them and the equity and therefore the income from them based on the fact he earns well in excess of me?

Severine

I am not a lawyer personally, but I work for a family law firm.

If you don't want to stay in the marriage but want to safeguard your assets, you should seek legal advice as soon as possible. Good matrimonial lawyers will be able to advise you of the best course of action, whether that be a post-nup or something else. It may be that a single consultation is all you need to get your questions answered. Also try the family law website.

You may also want to change your will.

spirit

Hi simpy,

I know you from another (property) forum and know you've been through the mill one way and another of recent years.

No proper advice to offer other than I'd second the will updating.

Hugs :A

mjdh1957

Courts nowadays take all factors into account when settling a divorce, including all assets such as property and pensions, so you probably have less to fear than you imagine.

A judge would look very unkindly if attempts were made to hide assets, by either party.

You need to get in touch with a lawyer to work out your options.

Mojisola

Severine wrote: »

If you choose to do this, both you and your husband will need to seek independent legal advice in order to draw up an agreement that is fair, thus maximising your chances of it being upheld if you do later decide to end the marriage.

And what solicitor is going to tell the husband - well, you could get 50% of everything but I'm going to advise you to sign an agreement in which you will get significantly less?

SuzieSue

mjdh1957 wrote: »

Courts nowadays take all factors into account when settling a divorce, including all assets such as property and pensions, so you probably have less to fear than you imagine.

.

I agree with this. My OH went through a divorce a few years ago and the judge wanted to ensure that each party had enough income to live on. If your property income is your main/only income, then that will be taken in to account.

If you don't have pensions of your own, then you will be entitled to share your husbands pensions which might well be more than the equity in your properties so you will be able to come to some agreement,

simpywimpy

I had a look on the wikivorce page but found their calculator a little confusing. In effect it said I would give him 38k and he would give me half his wage.

I did however see on that site that there is a deed of consent where you both agree to who gets what, they draw it up and you both sign it. They then lodge it with the court. Is it really that simple?

My will has only recently been done. I leave everything to the kids and he gets to live in marital home unless he remarries.