Mum getting married- prenup/ will needed?

[rainbowrainbows]

Hi, I hope someone here might be able to help. I know she will probably need to see a solicitor but I know how knowledgeable people on Mumsnet can be.

My Mum is getting married soon, it’s a bit of a whirlwind and she seems to think getting married won’t make a difference because her house is in her name. The guy she’s marrying, whilst he’s a nice man, he is not wealthy and doesn’t own anything. I know that she pays the whole mortgage all by herself as she sees it as something for us to inherit.

My main worry is if she divorced she would be in a vulnerable position. She can be very trusting and her last relationship (not married) ended badly- she put all her assets into joint ownership with him, when he didn’t have any equity to bring to the purchase. Then when they split up he took half and it was all a complete mess, it took a lot of help from us to get her back on her feet.

Of course it’s completely her choice, but I would like to gently advice her on what to do here. As I don’t think she has thought it through. Does she just need to update her will, or will she need a prenup before they get married?

www.netlawman.co.uk/ia/will-effect-marriage-divorce..

She may wish to transfer half the house into a childs name or even more

He can only claim half of her half if they divorce.

My Mum is far too passive when it comes to these things. Even looking back at the other situation with her ex she doesn’t see that she basically gave away all her money to him. They got a massive interest only mortgage, all her equity. If she didn’t move in with him she’d be living in a 300k mortgage free home by now. She still says that he was a good guy!

The good news is she is now asking for advice, she’s been to see someone today.

There’s no point me telling her not to marry him, she’d do it anyway and she says ‘he’s nothing like EXP’.

I was told that pre-nups are not valid in the UK. Not sure if this has changed

I think you need to write down (with her) the benefits of marrying to her and to him, and the consequences of it all going tits up, both for her and for him.

I don’t think this would go down too well! We did have a good chat though. I think she has listened this time.

If she trusts you, she could transfer the house into your name before she marries him. But you would have to trust her that she would continue to pay the mortgage..... which is probably all too complicated.

Yep and it’s a shared ownership property too which could further complicate things.

Waiting to find out what she’s been advised.