Post nuptial agreement

[LadyButterfly]

Due to the very, very sad death of my darling big brother I am soon to inherit quite a bit of money. My marriage has been through a second very rocky period and, although we are working on re-building, our future together is not secure. For this reason I have decided to try and protect the money my dear brother, who always looked after me, has gifted me by drawing up a post-nup agreement. I have broached it with hb and it was difficult but he did agree. I am making an appointment to see a solictor together to talk it through. I know it will be hard and I am really not looking forward to it. Just wondered if anyone has any tips?

[LadyButterfly]

Thanks for that. I am aware that it is not guaranteed but thought that if we draw it up together and that if he gets independent advice it may have a chance - is this possible? Got to be worth a try. At least it will make us talk it through and who knows - if it comes to the worst he might do the honourable thing and not contest it!

[mumofsatan]

Agree with Babybarrister.
There is going to be a report published by the Law Commission within the next month (or so) with regards to Pre-nups but not sure if it will also deal with Post-nups. At the moment, not likely to hold too much weight but if (worse case scenario) your marriage breaks down it does show the intentions assuming he does agree and sign.
He would however have to get his own independant legal advice on this for it to stand any chance of holding any weight.

[LadyButterfly]

Are there any other ways I could protect my assets? I do feel really strongly about this. My brother was always there for me and looked after me. Now he is gone I feel far more vulnerable and out on my own. His legacy gives me the chance for freedom - if we do split up it would be great to have no mortgage as I will then earn enough to live on. I am worried that if I dont protect my assets he will get half and I will have to re-mortgage and therefore have too little income to live on. I feel really bad even writing about this as we are getting on really well at the moment and I have hope for our future.