Prenups - valid in England?

[VanessaVanilla]

Does anyone know anything about the validity or otherwise of prenups? Was drawn up by solicitors and signed by both parties. Basically said each would keep what they came into the marriage with (sorry, that’s bad English but I hope it’s clear enough) in the event of a marriage break up.
Divorce is now happening. The marriage was seven years long, no dependants. Each party has a house, car, pensions. This is in England.
Is there a need for financial disclosure?
TIA

If you both agree to stick with the prenup I can’t see why it wouldn’t be approved but you would still have to make an application and disclose each of your assets, pensions etc. Unlikely to have to do full financial disclosure if you’re both happy with the agreement and it is not unfair in some way.

Thank you.
Im just surprised that with the prenup and short marriage/no dependants that financial disclosure is necessary? I thought we could just tick no when the Government portal asks “do you want a financial order?”
Feeling my way here!

A financial order just means that you legally cut ties financially. If you don’t do this, one of you can come after the other for money in the future. It doesn’t mean full financial disclosure, ie sharing copies of bank statements etc etc but you do need to declare what assets you each have.

Is there something you would like your ex not to find out?

You need a financial order to protect yourself in the future. How long did you cohabit before marriage? You could argue short term but he could argue it’s towards long term. Have pre marital assets been intertwined or kept separate? Pre ups are not legally binding but can be considered on divorce however they have to be fair and you have to have both had legal advice etc

Oh, I see. Thank you.
No, there’s nothing hidden! But finances were always kept separate throughout (separate bank accounts, bills divided exactly in half, we each kept our own house) as it was a second marriage for both and it’s what we both wanted. Hence the prenup.
We’ve been separated for months, but now are divorcing.
The thing that’s really bothering me is that I’ve recently been bereaved, and have inherited quite a bit of money. The prenup specifically says all inheritances/gifts etc to remain with the beneficiary, which is why I’m wondering/hoping it will have validity.

More likely to be accepted if both had legal advice when making the pre-nup.

It goes on need as well so as long as the other party is housed, and there’s no children to consider then the inheritance shouldn’t need to come into it

That’s a relief. Thank you so much, everyone. Mumsnet at its best.

What you should want is a financial order that severs you both finally and irrevocably. If you don’t want that then a judge will before they approve one. Without a financial order you will be financially tied to your ex. They can challenge your will and take you to court at any time. Famously someone who won the lottery without a financial order was taken to court and had to share his winnings.

the judge will want to know that when you both come to court with the proposed agreement that it is based on disclosure of assets and you have had informed and independent advice. If you rely on a pre nup the judge will want to know it is valid, which again is where you can be asked to show you had informed and independent advice.

Ok, I see. Thank you very much.

If you are both housed, have cars, an income etc and you inherit after separation, and you have no dependants, it would be quite unlikely anyway that you would have to share your inheritance. It’s not a marital asset.

I have a pre nup - so I know about them.

The reason you have to give financial disclosure on divorce is that the pre nup only protects the assets you came into the marriage with. Therefore any assets accumulated during the marriage will need to be split.

You will need an approved consent order to sever legal ties between you. The financial disclosure is a normal part of the process.

They cannot be made without that happening!