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Are prenuptial agreements now legal in the uk? If not how do you protect DC's ..

(7 Posts)
FlourishingMrs Mon 15-Aug-16 22:34:03

Considering remarrying, currently expecting but have DC,s from previous marriage and I have my own very good business/property. DP is a lively man and had above average earnings I just make a lot more.

If I were to remarry is there a legal way of protecting my current and Rute assets?

Mumblechum0 Tue 16-Aug-16 11:03:36

Pre nups have, for the last 6 or 7 years, been more likely to be recognised in UK divorces, however still don't have the same legal strength as those in other jurisdictions where children are born into the marriage (usually because the wife is more likely to be financially disadvantaged).

So certainly it's worth looking into making a prenup; any family solicitor can draw one up, but you both need separate legal representation, and to make full financial disclosure. It must be completed at least 3 weeks before the wedding.

The other thing to consider is what happens if you stay married, (which hopefully you will for many years!). When you die, would you want part of your estate to pass to your children even if your husband survives you? If so, you need to make a will. It's important to know that an existing will will be cancelled (revoked) on your wedding day, so if your plan is to make provision for your elder children in a will before you marry, the will has to be worded carefully to avoid revocation.

I'm a will writer and it's particularly important when making step family wills to consider various provisions designed to ensure fairness to all of the family.

FlourishingMrs Tue 16-Aug-16 20:12:51

Thank you Mumble, that's a very helpful response. Good to know you right Wills in case I need a new one.

babybarrister Tue 16-Aug-16 20:31:18

You need to see s solicitor sooner rather than later as there will need to be full disclosure, independent legal advice and at least a month before wedding

navylily Wed 17-Aug-16 09:19:52

My now DH and I made them, along with sorting out wills at the same time before we married. Exactly as Mumblechum says above we needed each to consult our own solicitor, but if you do your homework and convince them you know what you're doing it neednt cost too much.

DrDreReturns Wed 17-Aug-16 09:39:17

There was an interesting program on Radio 5 live on Sunday about divorce law (hosted by that Judge Rinder guy). One of the lawyers interviewed said she would recommend that her kids get pre nups to protect any assets they may inherit from her. As you have pre existing assets I would definitely get a pre nup arranged.
This is the program btw:
www.bbc.co.uk/programmes/b07nm5zk

FlourishingMrs Thu 18-Aug-16 22:45:02

Oh thank you DRDreReturns, tuning in now

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