Post Nup agreements, are they worth it

[fuckthetories2]

Before I got married my husband agreed to sign a pre nup, both had our own houses, he moved in with me. I didn't think anything of it, too blinded by the wedding etc, it didn't happen. now, three children later, it's not going as we hoped, he's moved out of "my" house.... time has passed, he's realised what he's lost, wants to come back, leaving me to pay the mortgage, provide child care, run a house etc, I'm aware "post nups" are available, but in the UK are they worth the paper they are written on and what's the cost involved? Want to cover myself before I let him back, If nothing else I want to protect my house against him remarrying and passing anything that's really mine, to anyone else. I've always paid the mortgage, bills, done majority of the child care so he doesn't have any reason for a fifty fifty split (hence I suspect him wanting to come back) but complicated and long winded but any advice would be appreciated. Haven't started divorce proceedings yet on either sides

Have you got a pre-nup? If so, why do you want a post-nup?

If you are about to divorce, it is a bit late to be doing a post-nup. If you and your husband are agreed on the financial split, you can get a consent agreement making your agreement enforceable when you divorce. If you are not agreed on the split, you aren't going to get a post-nup.

Ok Thankyou. The situation is I want to split, he doesn't, so a "compromise", depending on further discussions, if I were to let him back, I want a post nup, he didn't sign the pre nup, and I want security if he's coming back. I guess I think in the UK is it legally binding? Is it worth the money, time and effort?

I would speak with a solicitor - the information I received was that a judge will consider a pre or post-nup and they are getting more popular and more accepted, but it would depend on the judge on the day unfortunately. I think, for them to remain valid you have to review them every 3 - 5 years. Personally, for me, the risk was to high due to the fact that they appear, at the moment, to be legally unenforceable so I never married.

No, it would not depend on the judge on the day. Provided a pre-nup or post-nup is entered into freely and has been properly executed, there has been full financial disclosure and the parties have received independent legal advice, the courts will uphold it unless it would clearly be unfair in the circumstances (e.g. there are now children and the pre-nup/post-nup fails to provide for them).

That isn't the information that I received from a UK pre & post-nup specialist UK Lawyer. She advised me that it was very much up to the Judge on the day - if it gets to court - and on the individual financial circumstances at the time, if there are children etc. The advice I received is that it would be considered, but they are still not legally binding in the UK.

They are not legally binding. However, the Supreme Court in 2010 ruled that such agreements have "magnetic importance" and that spouses should be held to them provided certain conditions are met (no undue pressure, full financial disclosure, both parties taking independent legal advice, adequate provision for any children that have been born since the agreement was drawn up, etc.).