Pre Nup advise please

[HaveToWearHeels]

Husband walked out on me on Friday after telling me he didn't feel any passion for me any more. We have a daughter who is 6. Up until Friday I thought we were happy, although I did get made redundant back in July, which knocked me for 6.

We were married in 2011 and have been together since 2005, each entering into the relationship with our own property and he also had 3 buy to let properties up in the North which have minimal value (probably 180k with only about 15% equity in both). We both remortgaged our homes to buy our family home in 2008 and rented our houses out and have done ever since.
We both agreed to a pre nup before we got married which ring fenced our assets at the time of the marriage.

So for him, it covered
His pension to date of the marriage
His home in the area we live (south east)
His three buy to lets in the North of the country
His ISA savings to the date of the marriage

for me it covered
My pension to date of the marriage
My ISA savings to date of the marriage
my home in the area we live (south east)

Our family home is held jointly 50/50.

In Dec 2013 her cashed in some shares he had purchased and bought another Buy to Let in our area which has increased in value by APPROX 70K and was purchased with a 60k deposit.

My question is should I be entitled to half this property, along with the family home ?

I have attached a copy of the paragraph I think is important, blanking out our names.

I am just trying to gauge the situation I could be in if I refuse the solution he is offering (which I don't think would work for my child and she needs as little disruption as possible)

Do you have a solicitor? Pre nups have little weight in the UK. The way I read that paragraph - and it's difficult without the full context - then if he owned those shares before you married the purchase of the property which has increased in value would be excluded from joint assets.

Get proper legal advice - you can agree on the split, financial side of things and provision for your child, etc in mediation without going to court.

Btw - a pre nup is seen as evidence of your intentions when you married; things are different now because you have a child together and the interests of that child must be taken into account. Don't let him brow beat you into accepting what is in the pre nup. I am also sorry about your marriage

Thanks wow. We had daughter before we married. I think you may be right, he has ring fenced 34k for his ISA which was a shares ISA, he cashed that in for the deposit of the new house. I wonder tough that if he only ring fenced 34k then he would get that back and any increase would be split 50/50 ?

I won't agree to anything without seeing a solicitor. I am currently a stay at home mum, so am seriously considering not going back to work if I can stay in this house. Just trying some quick calculations as if I do go back to work I need to know that with the money I entitled to I can buy a house suitable for me and my daughter.

My house, which he is proposing I go back to and he will pay the mortgage is in an area I would not want my daughter living, it has no garden and no where for me to store bikes/scooters etc and is tiny.

He is proposing he goes back to his house and we rent our family home out for the time being. There is the potential for him to loose his job in the next 6-9 months.

Actually, pre-nups do have weight. They will usually be followed unless it results in unfairness.

We couldn't possibly comment on that as we don't know how you would be provided for, or the child, if the prenup is followed.

He bought the property with a mortgage, so the shares (if they were from an asset mentioned in one of the Appendices) were partly derived from excluded assets and partly from a loan taken out during the marriage. So if he only put down a 20% deposit I would say that 80% of the increase in property value is a joint asset.

There is potential for anyone to lose their job in the next 6-9 months, so that usually doesn't hold any weight.

You really need to get some proper face-to-face legal advice.

Thanks *Collaborate, that is what I was thinking, he cashed in the shares to buy the property, he only ring fenced the 35k of shares in the Appendices, not any assest purchased with the shares during the term of the marriage.
I would not take the 35k off him but think I should be entitled to some of the remaining equity. I am not revoking on the pre nup at all, I just want to make sure that I have every penny I am entitled too so my daughters life style remains the same. My daughter is my priority.

Can you answer another question, he has also put down our salaries in the pre nup, what relevance does that have ? I now don't have a salary ?

Sounds like that's by way of disclosure. A prenup isn't effective unless certain rules have been followed. One of those is full disclosure of income and capital.

OK thank you, I have booked half hour with a local solicitor.

I am looking for work, but I need to get the right job and the right salary. If I take a lower paid job I will prevent myself from moving on in life.