Protecting inheritance. Does a 'post-nup' exist! (French and English law)

[Iburntthecakes]

My friend's husband has recently had a long drawn out affair where he kept changing his mind about what he wanted to do though eventually he stayed with my friend. This is not the first time he has left for an OW and my friend has taken him back :(

He also spent a large amount of their life savings on funding his lifestyle with OW over the last year.

They have lived in France for a few years now although when it looked like they were going to divorce she was able to consult an English lawyer here though I can't remember why she could get divorced here now.

Her mother has recently died and she has not yet told him probate has been granted as understandably she does not fully trust him anymore.

Is there anyway she can protect this money in case the worse happens and he does it again? Theyve been married 35 years and apart from the house and small pensions have nothing else. Is there such a thing as a prenup/postnup(!) for such situations?

[Idreamof]

Bump. Set up a trust for the inheritance? Your DF sole beneficiary?

[Collaborate]

In England/Wales a post nuptial settlement is quite strong - if I'm sticking my neck out I'd say that if they both get legal advice it would be highly likely to be binding.

I agree with baby barrister - she must get advice from a French lawyer as the law there is quite different.

[mumblechum1]

Agree with Collaborate and BB from a family law angle, but from the wills angle, it may be possible even now to get a deed of variation drawn up so that her inheritance goes to her children instead of her. She'd need to see a probate solicitor to find out (may be too late).

That's on the assumption her mother was domiciled in England/Wales.

[Iburntthecakes]

Thanks very much for your replies. She doesn't have children or the wills idea might have been an option. My concern is that it is partly because of the dire financial situation she would have found herself in if they split that she stayed with him in the first place. However, its difficult to make judgements about someone elses relationship. I'll suggest those ideas to her though thanks.

[tb]

Depends on her marriage regime, which, in turn, depends on where she was married and where they set up home after the marriage - all covered under the Hague convention.

If both are UK nationals, and they married in the UK and they set up home in the UK and moved to France at a later date, they are assumed to be married under the regime of 'separation des biens'. That means that they each own their own things, and they each own half of any marital property. I know this because we moved to France after we had been married for 20 years. We had a French marriage contract drawn up which gives us 'communauté des biens' which is what happens in the UK, so that all property is jointly-owned.

From memory, there are 4 different marriage regimes in France:
Separation des biens
Communauté des biens
All assets owned before the marriage stay separate, only assets acquired during the marriage are 'joint' and
one where inheritances during the marriage remain the property of the inheritor.

She probably needs to see an English-speaking notaire so that she knows where she stands - it's not as simple as it appears!

[Iburntthecakes]

Thanks tb that sounds like potentially good news for her. They were married in the UK and lived here for many years before moving. I'm pretty sure they haven't had a further French marriage contract drawn up so that might help. I'll pass all that info on to her. Thanks.

[STIDW]

France is like Scotland and some other European countries where inheritances are considered non- matrimonial property. However, there is no point in your friend applying to divorce in France if she would lose out on other assets and ends up worse off overall. She would need to consult a lawyer with knowledge and experience of both systems to compare forums and she would be well advised to do it PDQ so she can move to apply first if she decides she wants to divorce.