Post Nuptial Agreement anyone?

RAS

Your case is sufficiently complex that I think you need advice from a good lawyer. The situation with a son with long-term disabilites would be an additional factor.

The other thing above is that you could trade reduced spousal maintenance (I assume that is what you mean by half his income) for a reduction in capital paid to him by yourself.

Does he have a pension?

simpywimpy

No pension on either side. Im 48 though and he is 60 which is why I think sooner rather than later would be better for me financially

spirit

simpywimpy wrote: »

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

So if he co habits with someone and not actually legally married to any new partner, they could live there ad infinitum?

Could he then will it to her?

rpc

spirit wrote: »

So if he co habits with someone and not actually legally married to any new partner, they could live there ad infinitum?

Could he then will it to her?

If the trigger is remarriage, then yes. Cohabitation is often also specified as a trigger to end the right to occupy.

The OH couldn't put it in his will in this case because he wouldn't own it - he would just have an interest in it. Well. he could put it in his will but it would have the same effect as if I included Buckingham Palace in mine.

edit: I'm sure we had a thread on here a while ago where a house was left until remarriage and the survivor started to cohabit. The kids then got grouchy because the survivor decided not to remarry specifically to keep a free house.

Severine

Mojisola wrote: »

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?

Yes, but that doesn't change the fact that if you want a post-nup, it needs to be deemed fair in order to be enforceable in court. If both parties do not obtain independent legal advice, the chances are that the post-nup will not be upheld. That is the risk you have to take.

simpywimpy

The will covers marriage and cohabitation. Neither is allowed in the home.

If we do a deed of consent, do we have to attend court? On Wikivorce it says they will (for a price) draw one up that we can both agree to and get us to sign it.