Pre nups

[ToothbrushThief]

Divorced with own home. If I got married again how could I ensure I keep my house in the event of a divorce?

Thank you :)

Until relatively recently, pre nups were barely worth the paper they were written on. Since a case last year which is on the tip of my tongue (something like Radmacher....), where a UK court upheld a prenup for the first time, they're more likely to be binding.

The crucial things to make them enforceable are:

1. They must be signed no less than 3 weeks before the wedding
2. Both parties must have independent legal advice
3. Both parties must provide full documentary evidence of their financial position.

If you have children within the marriage, the prenup may only be partially upheld as of course children can make a big difference.

babybarrister

Interesting comments mumblechum because when divorcing I did think the divorce proceeding would have been best performed pre marriage! i.e. disclosure and independent advice

BB is right, Radmacher set a precedent (case law) but there isn't yet any actual legislation.

I think perhaps I'm not ready to marry... !