Pre marriage advice

[blueteatowel]

My partner and I (late 30's and early 40's) have been talking about getting married and having children. It is quite a new relationship but aware of our ages in terms of conceiving.

He is divorced with two children that live with their mum and I have two teenagers, 1 at university and one at home. I have never been married.

We both own our own houses with mortgages and we are talking about living in my house when we start to live together as I am in London (where I'd prefer to stay) and his house is in Bucks.

I would like us to have a pre nup prior to us getting married as if the marriage does not work out (I truly hope and believe it will), I want us to be able to leave the marriage with the assets that we both came in with and anything we amass together can be split fairly. My worry is that if we live in my house it will be default become the marital home and be taken into account to be split 50/50 in any divorce.

My partner who is naturally more positive than me says that a) we don't need any agreement as we are not going to split and if we did he wouldn't pursue my house and b) Pre nuptial agreements are not worth the paper that they are written on in this country.

I will seek legal advice but wondered if anyone had any advice to start me on the right direction.

Thanks very much

They are worth the paper they're written on if done properly. You each need separate legal advice.

You should consider what should happen to his property. Will it be let out? What is done with any rental profit (or loss)?

If you do separate you are not both in the same position if you take your own houses. He'll have a latent CGT liability in his home, that will crystallise at some point. Any prenup will have to make an allowance for that,as well as the fact that a house that's been rented out for a number of years will need work doing to it to get it up to the standard that presumably your home will have been kept in for the duration of the marriage.

As the law stands at present you are right to be concerned. Your home, whether it remains in your sole name or not, becomes a matrimonial asset in a way in which his home will not.

Thank you very much. Your feedback is very helpful.