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  • FIRST POST
    • Asmoosy
    • By Asmoosy 4th Mar 18, 4:03 PM
    • 25Posts
    • 11Thanks
    Asmoosy
    Marriage prenups
    • #1
    • 4th Mar 18, 4:03 PM
    Marriage prenups 4th Mar 18 at 4:03 PM
    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 a selfish question but Iv worked to hard to risk everything.
Page 1
    • Robin9
    • By Robin9 4th Mar 18, 4:11 PM
    • 2,536 Posts
    • 1,642 Thanks
    Robin9
    • #2
    • 4th Mar 18, 4:11 PM
    • #2
    • 4th Mar 18, 4:11 PM
    I don't like the idea of prenups - to me it is a lack of confidence in the relationship.

    I was in the opposite situation when I got married - I already had a house, which I promptly put into our joint names. I never considered failure.

    34 later, still going strong.
    Never pay on an estimated bill
    • AdrianC
    • By AdrianC 4th Mar 18, 4:32 PM
    • 17,393 Posts
    • 15,739 Thanks
    AdrianC
    • #3
    • 4th Mar 18, 4:32 PM
    • #3
    • 4th Mar 18, 4:32 PM
    It'd all be down to the divorce financials. In a short marriage with no kids, assets owned prior to the relationship would probably be excluded.

    If and when kids arrive, then the financials are far more likely to go with custody.
    • goodwithsaving
    • By goodwithsaving 4th Mar 18, 4:43 PM
    • 819 Posts
    • 1,244 Thanks
    goodwithsaving
    • #4
    • 4th Mar 18, 4:43 PM
    • #4
    • 4th Mar 18, 4:43 PM
    I'm all for pre-nuptial agreements where one person has built up assets prior to marriage. Unfortunately they aren't legal here (hence why I will not marry). If you don't want to split your assets on divorce - don't marry.
    Every time you borrow money, you’re robbing your future self. –Nathan W. Morris
    • Asmoosy
    • By Asmoosy 4th Mar 18, 5:05 PM
    • 25 Posts
    • 11 Thanks
    Asmoosy
    • #5
    • 4th Mar 18, 5:05 PM
    • #5
    • 4th Mar 18, 5:05 PM
    Okay,
    A prenup is 1000-2000 but I wouldn't put my partner on the mortgage or the title deeds, therefore if anything does go wrong he shouldn't be entitled to anything, surely?
    • Asmoosy
    • By Asmoosy 4th Mar 18, 5:06 PM
    • 25 Posts
    • 11 Thanks
    Asmoosy
    • #6
    • 4th Mar 18, 5:06 PM
    • #6
    • 4th Mar 18, 5:06 PM
    If someone has established themselves before marriage then a prenup is necessary. I wouldn't outline anything else apart from protecting my property
    • AdrianC
    • By AdrianC 4th Mar 18, 5:08 PM
    • 17,393 Posts
    • 15,739 Thanks
    AdrianC
    • #7
    • 4th Mar 18, 5:08 PM
    • #7
    • 4th Mar 18, 5:08 PM
    Are you sure you're actually committed to this relationship?

    "For richer, for poorer, for better, for worse"?
    • greendoor665
    • By greendoor665 4th Mar 18, 5:15 PM
    • 60 Posts
    • 125 Thanks
    greendoor665
    • #8
    • 4th Mar 18, 5:15 PM
    • #8
    • 4th Mar 18, 5:15 PM
    Things aren't necessarily split 50-50 if there are no kids involved. You might be able to keep the flat but it depends on circumstances. Prenups don't really work in this country, it's up to what the judge decides.
    • steampowered
    • By steampowered 4th Mar 18, 6:46 PM
    • 2,496 Posts
    • 2,416 Thanks
    steampowered
    • #9
    • 4th Mar 18, 6:46 PM
    • #9
    • 4th Mar 18, 6:46 PM
    In a short marriage with no kids, you'd expect to keep your pre-marital assets.

    In a longer marriage with kids, its more likely you'd be looking at something more like a 50/50 type split. Of course that would apply to his assets as well as yours.
    • DigForVictory
    • By DigForVictory 4th Mar 18, 7:05 PM
    • 7,702 Posts
    • 22,292 Thanks
    DigForVictory
    if anything does go wrong he shouldn't be entitled to anything, surely?
    Originally posted by Asmoosy
    If you're asking a bunch of strangers on the internet about a matter that google is pretty clear on, in so far as the scope allowed the judiciary, you may be trying to find a different answer.

    I think you may need to find a better question, like "Am I really sure I want to do this?"
    • bris
    • By bris 4th Mar 18, 7:11 PM
    • 7,589 Posts
    • 6,607 Thanks
    bris
    Perhaps you're better off staying single, the best pre nup you can get.


    If your going into a marriage with protecting your assets you biggest concern then I would say marriage isn't for you.
    • Asmoosy
    • By Asmoosy 4th Mar 18, 7:26 PM
    • 25 Posts
    • 11 Thanks
    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
    • By ManofLeisure 4th Mar 18, 7:31 PM
    • 438 Posts
    • 993 Thanks
    ManofLeisure
    This is a selfish question but Iv worked to hard to risk everything.
    Originally posted by Asmoosy
    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
    • By sevenhills 4th Mar 18, 7:36 PM
    • 1,170 Posts
    • 433 Thanks
    sevenhills
    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?
    Originally posted by Asmoosy
    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
    • By AdrianC 4th Mar 18, 7:43 PM
    • 17,393 Posts
    • 15,739 Thanks
    AdrianC
    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.
    Originally posted by sevenhills
    Umm, are we getting civil weddings and civil partnerships confused?
    • Asmoosy
    • By Asmoosy 4th Mar 18, 8:20 PM
    • 25 Posts
    • 11 Thanks
    Asmoosy
    Guess it's how the youth of today think.
    • comeandgo
    • By comeandgo 4th Mar 18, 8:31 PM
    • 2,039 Posts
    • 2,792 Thanks
    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.
    • cjdavies
    • By cjdavies 4th Mar 18, 8:57 PM
    • 3,302 Posts
    • 3,525 Thanks
    cjdavies
    Stay single, it's the best thing.
    • TBagpuss
    • By TBagpuss 4th Mar 18, 8:59 PM
    • 6,487 Posts
    • 8,418 Thanks
    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
    • By PersianCatLady 6th Mar 18, 12:28 AM
    • 456 Posts
    • 412 Thanks
    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.
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