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Pre-nups Lock Rss

A pre-nup was never something DH and I considered, but someone in our family has.

My SIL's ex-fiance wanted her to sign one. Basically the idea of it was that if they got divorced, she would have signed away her rights as far as division of assets goes. I don't know the details of how it works or anything... not sure about the legal stuff. Basically they'd draw up a contract stating that in the event of their getting a divorce, she would have no legal claim to this, that and the other; waiving the usual 50/50 arrangement I guess.

I was told that if there were children, and they were mainly in SIL's care after the divorce, that the pre-nup would be over-ruled anyway if it didn't serve the interests of the children. Her fiance was a very selfish man, he just wanted to make sure she couldn't possibly lay claim to any of his stuff. He'd rather have seen SIL out on the streets, kids or no kids. He wasn't a millionaire or anything, I never understood what his problem was. Thankfully, she didn't end up marrying him - and there were no children involved - or she would have found out by now exactly what the pre-nup meant. It actually ticked her family off big-time that he even expected her to sign one.

As I said, I don't know much about them at all, or in what situations they are a good idea. SIL's experience is all I have to bring to the table on this one, sorry if that's completely useless tongue
I believe a pre-nup helps to ensure that what each party brought to the relationship prior to the marriage is what they essentially leave with, should the marriage end (for instance, just say you owned several properties & your partner had no assets to speak of, you could get a pre-nup to ensure your partner couldn't claim any rights on the properties you obtained prior to the marriage). As far as I know, any assets obtained together throughout the duration of the marriage are divided evenly. Obviously, the finer points of a pre-nup are discussed prior to signing, & if both parties agree, there may be times where it seems a pre-nup favours one person over another.....but for that to happen the other person has to have agreed to it.
I dont think they hold up too much anyway, they certainly never used to be legal cos my in laws suggested one for DH and I, needless to say we didnt get one.

The only reason I would see them as a good idea would be if two single parents married to protect their assets for kids from previous relationships. But even then I'm not sure I agree with them - you should be going into marriage as equals joining your lives together not "whats mine is mine whats yours is mine and whats ours is mine" IYKWIM

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I believe a pre-nup helps to ensure that what each party brought to the relationship prior to the marriage is what they essentially leave with, should the marriage end (for instance, just say you owned several properties & your partner had no assets to speak of, you could get a pre-nup to ensure your partner couldn't claim any rights on the properties you obtained prior to the marriage). As far as I know, any assets obtained together throughout the duration of the marriage are divided evenly. Obviously, the finer points of a pre-nup are discussed prior to signing, & if both parties agree, there may be times where it seems a pre-nup favours one person over another.....but for that to happen the other person has to have agreed to it.


Just wanted to say I hope my post wasn't offensive at all... I wasn't trying to bag out pre-nups or people who have them! Just in my SIL's case it wasn't a mutually beneficial thing, his whole attitude was wrong and he had no interest in taking care of her. I know that isn't always the way smile
Are you asking for yourself? If you are, I'm in the same state as you & can refer you to brilliant solicitor who will tell you all you need to know at such a reasonable cost. PM me if you want more details.
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