Marriage prenups

Asmoosy

The internet is not clear.
Well it's a question a smart established woman has to ask, I'm not talking about protecting my savings, just my property

ManofLeisure_2

Asmoosy wrote: »

This is a selfish question but Iv worked to hard to risk everything.

What makes you think you will be? Perhaps I'm just 'an old romantic', but I don't think that thought enters most peoples' minds - unless maybe there are millions at stake or they've been taken to the cleaners before.

sevenhills

Asmoosy wrote: »

So if I got married would my husband be entitled to half of my flat if anything went wrong?
It's registered on my name, Iv paid for deposit and all payments and pumped £10000 into my flat since.
I know that when your married things get spilt 50/50 if you get divorced but would I need a prenup to protect my property?

This is why I believe we should all be getting civil partnerships; it should be a legal contract that is made by both parties, not a religious ceremony.

AdrianC

sevenhills wrote: »

This is why I believe we should all be getting civil partnerships; it should be a legal contract that is made by both parties, not a religious ceremony.

Umm, are we getting civil weddings and civil partnerships confused?

Asmoosy

Guess it's how the youth of today think.

comeandgo

Not all youth. All my daughters married men with property. No prenups but they would not expect to divorce and take half of what the husbands brought to the table with marriage. On divorce the split can be anything agreed between the couple, it does not have to be what the legal teams think.

Marvel1

Stay single, it's the best thing.

TBagpuss

OP, a prenup is sensible, because it means that you and your fiance have to discuss finances and your respective attitudes and expectations about money and property.

It does also protect you to a degree if things were to go wrong, and its a lot less stressful for you both to have those conversation ahead of time.

Pre-nups are not legally enforceable, but if the worst were to happen and you did separate, a court in any divorce has to decide what financial split is fair and reasonable, and a pre-nup would be relevant in deciding that. Typically, a court would follow the pre-nup unless one of you convinced the Judge it would not result in a fair outcome.

If the marriage were a short one, the it is unlikley that your spouse would be entitled to 50% of your assets, but they might well be entitled to a share.

I don't thin that considering, or discussing a pre-nup, or having one in place, means that you expect the relationship to fail, any more than having home insurance means you expect your house to burn down.

PersianCatLady

Pre-nups are not legally binding in the courts in England.

However, when deciding how to divide the assets of a couple when they are getting divorced judges may take a pre-nup into consideration.

Basically, a pre-nup may help to show your intentions regarding your property at the outset of marriage.

However, they are not to be relied upon as a guarantee of what will happen to your assets if / when you get divorced and your assets are split.

PersianCatLady

Sorry, I meant to include some links about pre-nups in English law in my previous post -

https://www.sheppersonssolicitors.com/prenuptial-agreements.html

https://www.kingsleynapley.co.uk/insights/blogs/family-law-blog/present-and-future-laws-on-prenuptial-agreements-will-they-or-wont-they-stand-up-in-court

https://www.bbc-law.co.uk/legal-news/prenuptial-agreements-enforceable-uk-courts/

https://www.money.co.uk/guides/are-prenuptial-agreements-fair-or-unromantic.htm

https://www.netlawman.co.uk/ia/prenuptial-agreement-legal-enforceable