Pre-nup ????

duchy

They can but they don't have to ........a house is an awfully big asset to make that gamble with.

The best advice really is if you don't want to be tied to a marriage contract- don't get married. That's pure financial advice- as requested.

C_Mababejive

Are your children from a previous relationship? Also how long has partner lived with you?

DrivingMissDaisy

goodwithsaving wrote: »

Genuine question for posters (sorry to hijack OP) - because I would want one too. Fine it's unromantic, but it's sensible and no-one can predict the future. Some people are more cautious than others, it doesn't make them bad people.

They aren't binding, but surely the courts would take them as some form of indicator?

This is an American concept which isn't legally binding in the UK (yet!). As for court taking them as some form of indicator, that depends on various factors - kids involved, partner contributed to the house, length of marriage, etc. The longer the marriage, lesser the chance of pre-nup being enforced.

If people are really worried about their assets, why marry in the first place ? You don't have to worry about splitting assets, pensions, etc. If you were to split up, you walk away with your assets. Obviously, it gets a bit complicated should you have children together.

TBagpuss

DrivingMissDaisy wrote: »

This is an American concept which isn't legally binding in the UK (yet!). As for court taking them as some form of indicator, that depends on various factors - kids involved, partner contributed to the house, length of marriage, etc. The longer the marriage, lesser the chance of pre-nup being enforced.

If people are really worried about their assets, why marry in the first place ? You don't have to worry about splitting assets, pensions, etc. If you were to split up, you walk away with your assets. Obviously, it gets a bit complicated should you have children together.

Becuase they want to get married and make committments to one another.

But as with many decisions in life, there are pros and cons. No one gets married expecting the marriage to fail. But any sensible person knows that a lot of marriages do fail, and the risk is higher for second marriages. So it is sensible to think about what would happen if things go wrong.

Getting married, and having a pre-nup, can make much better sence in terms of finaces than remaining unmarried but making joint purchases together. You can't just 'walk away' even if you are not married.

Whether you marry or not, it is sensible to discuss finances and to have a formal agreement in place.

It's also worth bearing in mind that while a pre-nup is not binding, if you have one, it means that you are far less likely to end up in court anyway, as you are much more likelyto be able to manage tyour separation and sort the finaces out without having to invovle the court.

TBagpuss

Or, to put it much more succuintly - Hope for the best, prepare for the worst.

Get married because you love each other and want to be together, have a pre-nup because !!!! happens.

fairy_lights

What does your partner think about this?

74jax

There's loads of threads on this topic if you do a search you can find some good replies.

We have a pre-nup.

They don't have a legal standing but if you Google some divorces are refering to what was put in them.

Hubby really wanted one and I had no preference. He had his apartment, approx 250k owned, and quite a lot of his dad's inheritance, several 100k. I had a house, mortgaged.

Didn't bother me in the slightest, so we had one drawn up and signed. However I knew he wanted one from really early on, not just shortly before the wedding.

You can have your own clauses put in. We added after ten years the prenup becomes in valid and I added if we divorce fire to him cheating the prenup is in valid.

HappyMJ

74jax wrote: »

There's loads of threads on this topic if you do a search you can find some good replies.

We have a pre-nup.

They don't have a legal standing but if you Google some divorces are refering to what was put in them.

Hubby really wanted one and I had no preference. He had his apartment, approx 250k owned, and quite a lot of his dad's inheritance, several 100k. I had a house, mortgaged.

Didn't bother me in the slightest, so we had one drawn up and signed. However I knew he wanted one from really early on, not just shortly before the wedding.

You can have your own clauses put in. We added after ten years the prenup becomes in valid and I added if we divorce fire to him cheating the prenup is in valid.

The court would probably look on yours as reasonable and fair as you both had assets to start with and you both will leave the marriage with something.

The courts will always make sure both parties leave the marriage with something no matter what the pre-nup says. You cannot leave one partner destitute whilst the other partner who proposed the pre-nup holds a house without a mortgage, an investment portfolio along with a private pension. That would never be seen as fair.

FBaby

In almost all second marriages, there will be one party coming in richer than the other. Should everyone (most men) draw a pre-nuptial just because they are risking ending up worse off in a potential divorce?

I do believe that deciding to get married is exactly that, feeling so utterly committed to your partner that you are prepared to take that risk because deep inside, you don't believe it will happen (even if you know it is possible). If you believe the risks to be not worth taking, then don't get married.

goodwithsaving

FBaby wrote: »

In almost all second marriages, there will be one party coming in richer than the other. Should everyone (most men) draw a pre-nuptial just because they are risking ending up worse off in a potential divorce?

I do believe that deciding to get married is exactly that, feeling so utterly committed to your partner that you are prepared to take that risk because deep inside, you don't believe it will happen (even if you know it is possible). If you believe the risks to be not worth taking, then don't get married.

But I'm female and better off....and want to protect my assets? I don't believe in taking half of what somebody has earned, and think inheritance should be left out of divorce settlements too. Does it make me less committed - no. It makes me sensible.