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Pre Nuptial Agreement

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888sally888 | 09:53 Thu 25th May 2006 | Business & Finance
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I am getting married and own a house etc - should I have a pre nup or would a will leaving bits to the hubby and my children be sufficient.


Dont want to upset anyone in the process but need to know that my kids would be provided for properly.

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I understand your concern to do with your children.. But, I must say .. if you got a pre-nump isnt that saying you do not trust your mate..?? And isnt that saying whats yours is yours and not "ours" ?


Well if you are in the UK I believe they are not always enforceable. Plus the fact my friend was in this situation and then they got married and had two children together, making four children in all with her two from the first marriage and now they have dreadful arguments about how to split it. So I think you need to get some legal advice about this, maybe you could make a trust or something, not sure whether that is possible.
I think the recent high profile divorce case rulings which we've seen in the press are an indication in which direction things are moving, and not necessarily only in high income situations. I really think it would be sensible to to seek the advice of a solicitor before you marry. We all hope marriages will last for life. More often than not, the sad reality is that they don't, and whether you owned the house ourtright before marriage or not, if your marriage breaks down, you could well have to split it with your husband, which would leave you and your children disadvantaged. It's not a case of upsetting anybody but being sensible beforehand. Have you spoken to your fiance about this and what does he think about it? Whilst a prenup may not necessarily be enforceable, I think you should get legal advice as going forward they may have a lot more legal weight than previously.

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