Do I need a prenup?

[seashellseashell123]

DP and I are engaged but wedding plans have all been put on hold due to covid. We are currently in the process of moving house. We own our current house and bought it as tenants in common with a declaration of trust drawn up by solicitors as I had more deposit than he did (over 50k more). The solicitors are wanting to know if we want the same agreement drawn up for the new house, at great expense obviously..

I don't really know what to do as obviously we plan to marry fairly soon and that would make the declaration of trust pointless anyway and we may as well buy the house as joint tenants.

The other thing I am confused around is a prenup, would this be worth considering or do I have to accept that if we marry my 50k becomes his and I would have no claims over it should we ever split?

We have shared children and he also has children from a previous relationship. People are very quick to state I would be better off married for the security of it seeing as we have children together but I am actually the one that has more money of the 2 of us. I also have fairly decent savings which he doesn't have (not in a joint account) would I also be kissing goodbye to this?

Can anyone offer any advice?

Wanting to protect your assets in the event of a split doesn't mean you don't want to get married

The other thing I have to consider is that if we did split I would be the resident parent of 3 young children so would need to house them. I wasn't really looking for opinions on whether I should get married or not but thanks all the same..

Contact Honey Legal. Get all the advice there, and draw up appropriate docs. There are ways to protect your half of the house etc.

It is sensible to want to protect your assets in a marriage when you have considerable more than your partner.

Of course you should take advice about protecting your assets, for your sake and for your children’s. There is no need to have joint finances.

I’ve been married for 15 years, we have children and property, and we still do not have joint finances. We are both very happy and comfortable with that set up for us (even if others can’t understand it because they have a different set up for them).

Personally I’d protect your assets for you and your children. I always feel it’s best to go into marriage eyes wide open, it doesn’t mean that you don’t love your partner or your relationship is a great one, it just means you’re thinking practically.

I would never sign a business contrast with someone without having things fined tuned and put in writing, it really is the same with marriage, it does need to be clear.

Tenants in common means that your share of the house passes according to your will so even if you are married it’s still a good shout if he has separate children from you. You can leave your half share to your children giving him a lifetime interest for example.

Pre-nups are not legally binding in England & Wales. However, provided there has been full disclosure, the agreement is fair, reasonable and meets the needs of any children, and both parties had independent legal advice before signing the agreement, the courts will usually uphold it.

You can get a deed Of trust to protect your share.