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Prenup

  • phoenixfly
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01 Apr 12 #321113 by phoenixfly
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This has probably been covered..me and my new bloke ...met on Smooch...plan to get married in the near future,I own my own house and have my own business...HE wants us to do a prenup...he wants nothing to do with the house or the shop,,as he says that was mine before we met..trouble is the cost..can we do a prenup on our own and will it stand up if anything does happen..

  • livinginhope
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01 Apr 12 #321115 by livinginhope
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I don''t think it would be a good idea to draw one up between yourselves.I would suggest getting a Family Law solicitor to help but ask whether or not they do them before you make an appointment to see them.
As I understand it they aren''t completely binding in England but may be taken into consideration if a relationship breaks down.I know that a Solicitor local to me is now drawing up quite a lot of Pre Nups and I wish they were accepted in Law here.

  • dukey
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02 Apr 12 #321149 by dukey
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I agree if you write it yourself it will count for nothing should anything go wrong, you need a solicitor, there is also an implementation process, It does not have to be expensive nor complicated, in fact wiki offer a solicitor service at £139, you could call the free helpline I''m sure they can explain more.

  • Marshy_
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02 Apr 12 #321153 by Marshy_
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Hi Phoenixfly. I can understand why perhaps you want to do this. You want to protect what you have in case all goes wrong. That makes a lot of sense to me. But you are protected in the short term. Upto about 3 years, if you split up, you would come out of it as you went in. So yr assets are protected. If prenups were legal here, then thats about all the protection you would get anyway. So its not worth it. And there is no point you just writing it yrself.

If you intend to marry someone, you have to go into it with the understanding that this relationship is for good.

The key question has to be, how long have you known this person?

What did he do before?

How did it end?

Knowing this will tell you roughly what will happen in the future. Dont get carried away and marry someone you hardly know or that you dont know their history. C.

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02 Apr 12 #321157 by dukey
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There are no hard and fast rules here,probabilities yes absolutes no.

Marshy is right a shaker and childless marriage would usually end with both leaving with what they brought, but not if one has a high income the other very low, a high difference in age, if a person comes from another country, one has a disability, and then list goes on.

If two people want a pre- nup there is no reason to have one if for no other reason than peace of mind, these agreements have far more clout than they ever done.

Not that long ago a german heiress had a a prenup challenged by her now ex in high court, she stood to lose millions, the high court upheld the prenup, lower courts must follow suit.

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02 Apr 12 #321286 by phoenixfly
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Thanks everyone...In answer to marshy...I''m not bothered about a prenup ..its him that wants it probably to prove to me that he is not just with me for what I''ve got but because he loves me....I don''t think it matters how long you''ve known someone, I was living with my ex for 10 years before we got married ,but he went off with someone else..my ex has made me realise that you never really know anyone at all no matter how long you have known them...my partner was married for 25 years..there was no-one else involved, he had been seperated for 18 months when I met him..he has been totally honest with me about his past..but that was then..but he has always been faithful to his wife...but like I say he wants a prenup not me...he has no assets..we will never have children ...

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06 Apr 12 #322066 by donkler
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Interesting.

I am issuing a Consent Order next week to the STBX wife.

4 years ago approx I asked my then girlfriend to sign a "decloration of trust" saying that if our relationship went belly up, the first £60k out of any house sale would go to me as I put that down as a deposit. Just securing my financial commitment etc..

My solicitor is confident it has at least some standing should this go to court.

Not a prenup as such, but will have some persuasive powers if need be. Without such i''d be pretty screwed and it was her affair!

I''d prenup 100% if neither of you cheat, it wont even come into consideration

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