Signing over assets without divorce??

[DoubleOrQuit]

Hi everyone.
Named changed for this to protect identity.
Recently separated from husband and was about to initiate divorce. Husband is now begging for a second chance and we have taken a first session of counselling which helped us thrash out some issues.

I’m a bit in limbo if I’m honest and scared of taking either route. I paid off a chunk of our mortgage a couple of years ago (£60k) after an inheritance and feel like I need to protect my chunk of assets in the event divorce is inevitable.

Husband is happy to sign the house over to me / sign a post-nuptial agreement to prove he’s not coming back for that. Any advice? Is this even legal??

Thanks

Pre and post nuptials are not legally recognised in England yet. I did read somewhere they are in Scotland but not certain. However, IF a prenuptial is drawn up correctly fulfilling the legal requirements (there's a list) then it will very likely be considered by a Judge. Not sure about a post nuptial but I guess the same applies. The solicitor will give you full advice. The basis is that the children's needs are met as priority and any financial agreement is fair to each party anyway.
I think you should get all financial and other details together so you have it all ready just in case.
The thing is your H needs to show actions to back up any promises he makes to secure a second chance. Obviously it's pointless if he promises the things you want to hear and then some time down the line you find yourself back at square one again.

Post nups should give you an indication but if you stay together long term they lose their impact. I would get him to sign and take things slowly. If it was a few years ago there's a risk of it already being deemed family money anyway so this is a good route for you to take. Good luck

It is highly likely that for any form of post nup to be as ‘strong’ as possible in the eyes of the court, he will also need to confirm that pre signing, he has taken independent legal advice on the ramifications of it.

Basically I’m pretty sure you will both need legal advice. How enforceable it is in court in the event of a divorce? Depends entirely on where you are.

Do you have children? How long (roughly) have you been married for?

@sassbott

It is highly likely that for any form of post nup to be as ‘strong’ as possible in the eyes of the court, he will also need to confirm that pre signing, he has taken independent legal advice on the ramifications of it.

Basically I’m pretty sure you will both need legal advice. How enforceable it is in court in the event of a divorce? Depends entirely on where you are.

Do you have children? How long (roughly) have you been married for?

You have to do more than confirm - the advice from a lawyer is part of the official process. It could cost you approx 2000 Pounds or more with two lawyers involved.

Have you name changed because previous posts about your relationship would sway responses in one direction or the other? Not accusing, genuinely just asking. Because, if so, you may be doing yourself a disservice.

@AlwaysinaFlap yup. And even then (depending on geography and law) there is no guarantee a judge will apply it in full.

[quote sassbott]@AlwaysinaFlap yup. And even then (depending on geography and law) there is no guarantee a judge will apply it in full.[/quote]
No guarantee but most likely here in England . The best thing to do is to make sure that you always keep up to date with changes in your life - children, husbands, named beneficiaries on pensions etc.Do your housekeeping.

You can try to do post-nup. Noting to lose there, really. It’ll either help one day, or not.
The fact that it’s been a few years is against you; and that he is doing it now as part of attempt to save marriage - can be considered to be done under duress.
But - it won’t hurt to try.

In my jurisdiction, a post-nup is sometimes enforceable, bit if it weren't, being able to trace payment for an asset to an inheritance would make it more likely that the asset would be considered separate property. So keep financial records.