Prenup on the cheap?

Prior to getting married later this summer I would like to get a prenuptial agreement in place to protect (insofar as it possible) what will be the marital home, which I have worked hard to pay off and now own outright.

I've no particular interest in whether people think prenups are a good idea or not only in the practicalities of drawing one up without spending a small fortune.

After some searching I've got three pretty good templates online, each with it's own plus and minus points and was intending on tailoring one together with my fiance before then seeking some legal advice, which is where the problems start.

I emailed three solicitors in Plymouth asking how much they would charge to provide 'independent' advice on the self styled prenup and sign a certificate stating they had provided aforementioned advice. Two didn't respond at all and the third said they wouldn't be interested as they had not drawn up the agreement themselves and so couldn't comment on it. Apparently they were suggesting their trained solicitors would not understand a basic and generic legal document. What they were really saying of course is that there wouldn't be enough money in it for them :-)

Interestingly I also registered on a site called thelawforum.uk and posted a question on their boards. Within 24 hours they had deleted my post and account!

So the query is really how to go about getting some relatively inexpensive 'independent' legal advice for both me and my fiance prior to signing. Should I continue to contact more solicitors until I strike lucky or is there another way, say citizens advice bureau etc?
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Comments

  • thorsoak
    thorsoak Posts: 7,166 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Prenup on the cheap? Frankly, if you and I were contemplating matrimony and you asked about this, I'd be telling you that everything was off!

    If you really feel that you need to protect yourself in this manner - at least do it properly - talk about cheapskate!
  • meritaten
    meritaten Posts: 24,158 Forumite
    well I should think that the fact the solicitors didn't respond and that you cannot get legal advice on your DIY prenup - should tell you it wouldn't be legal. even solicitor drawn up prenups can hit snags - because the laws in this country trump 'drawn up contracts prior to marraige'.


    I pity the poor cow you intend to marry - does she know about all this?
  • barba
    barba Posts: 112 Forumite
    Pay for some proper legal advice you clown.

    You are trying to protect a house by using an Internet template.

    This must be a wind up. Come on fess up
  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Don't forget that if you want it to hold water then your wife to be will also require separate legal guidance - so two law firms and their fees.
  • Pricivius
    Pricivius Posts: 651 Forumite
    Ninth Anniversary 500 Posts
    edited 7 April 2015 at 10:38PM
    It is likely that the solicitors you approached were less than eager to look at your DIY document as what you are asking does not make much sense.

    Please review my cobbled together document and advise us that it is highly unlikely to be enforceable, that it us unlikely to protect either of us and that we should not sign it.

    Why would they do that? It's questionably unethical, does not really involve the law and risks their insurance on a spurious claim for negligence from either or both of you.
  • fairy_lights
    fairy_lights Posts: 9,220 Forumite
    As far as I know pre-nups don't have any legal standing in this country.
  • duchy
    duchy Posts: 19,511 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Xmas Saver!
    Nothing like romance ...........

    I have to wonder what the point of getting married is -you'd have more protection if you lived together and you made sure she didn't contribute to the mortgage or to any house improvements.

    Past five years the odds of getting a prenup enforced are slim - and prior to five years courts will generally put childless couples back to the point they were prior to marriage anyway.
    I Would Rather Climb A Mountain Than Crawl Into A Hole

    MSE Florida wedding .....no problem
  • fairy_lights
    fairy_lights Posts: 9,220 Forumite
    duchy wrote: »
    I have to wonder what the point of getting married is -you'd have more protection if you lived together and you made sure she didn't contribute to the mortgage or to any house improvements.
    This is a good point, marriage is essentially a legal contract and if you're not happy with everything that contract entails, then why get married?
  • raven83
    raven83 Posts: 3,021 Forumite
    Part of the Furniture Combo Breaker
    I really do think pre-nups leave a very bad taste in the mouth, it is like you are already expecting your marriage to fail.
    Raven. :grinheart:grinheart:grinheart


  • purpleshoes_2
    purpleshoes_2 Posts: 2,653 Forumite
    I can see why people get pre nups drawn up, but I would imagine them more to be for people who are very very rich, who might get taken to the cleaners if the marriage broke down.

    Does your fiancee know you've drawn up a pre nup? I think when it comes to the CAB, no, I would doubt very much if they would be able to assist you.
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