Pre-Nuptial

[chino]

Hi,

I was wondering if anyone who is currently married (married in the philippines) had arranged a Pre-Nuptial agreement before?

We both love each other but due to the vast difference in wealth I need to ensure I have this arranged (she has already agreed) and also most of my wealth is tied in join investments so i need set clauses set. I need a pre-nup to ensure everything is in order, I have no plans to every break up (she says she will kill me if i ever do anyway) ever but it's a family pressure also it's wise to really (my father got screwed over by my mother when they split).

Before anyone says anything, this marriage is not planning to fail it's just when i a house in her province for just over a month's income.... it's a big difference..

Chino

[Bluebirdjones]

In the United Kingdom, pre-nuptial agreements currently have no legal standing. The divorce courts have the last word in the division of all matrimonial property and would ignore any pre-nuptial agreement if they thought that it was in any way unreasonable to either of the parties involved, particularly regarding to the maintenance and housing of children. For example, regardless of whose name a couple’s property is in, a court may order it to be transferred to the other. This applies to all property that is owned seperately or jointly


...... so, if she's that p*ssed off with you, and clever about it, she'll divorce you in the UK, where the pre-nup is invalid.

[grahamw48]

Tell me about it.

Chino, if that's on your mind, stay single mate.

[tone]

Although there are no pre-nup that have a legal standing there was a case in 2009 I believe where a pre-nup was stood by in the high court.
When I purchased my house my solicitor suggested I get a pre-nup and as the above case has created a presedent he said it was wholly possible - but he did suggest I get it, and then pay another solicitor for my Mahal to have it validated independantly so that if in the future we cam to a head the court could see that she was guided independantly.

I hear what youre saying - I was 50/50 on it and decided i'd leave it as I do believe all will be ok.

I've been divorced before and lost everything so I know what its like. I have the faith all will be good for me and my soon to be wife (Friday).

Good luck - but go see a solicitor who can lookup the case for you - or have a google and you should find something.

Tone

[Englishman2010]

I'll be in a similar position if I ever marry again too, and want to protect my current assets for the benefit of my kids. I won't have any more kids anyway, so any future wife can't claim that she needs child maintenance...etc, but if I did marry again, regardless of wether it was to a Brit/Pinay or anyone else, I would want them to know that they could only have half of what we had accumulated jointly since we got married...whatever I had before the marriage can't be taken into account

[imagine]

the price of love ,

as i understand it ,, from a solicitors mouth,,, if you marry in phil, this is if you also live with her in phil,, she has no rights to your uk property,, but is entitled to a share of your savings, if you kick the bucket,( example ) would be divided between any sons daughters you have including her, please bear in mind this was a scotish solicitor and scotish law does differ slightly to english law , so it may not apply ,,,,,,however in your case you mean by divorce ,,, sorry i dont have the info on that,, but life is full of risks, hide some under the mattress

[Terpe]

.......as i understand it ,, from a solicitors mouth,,, if you marry in phil, this is if you also live with her in phil,, she has no rights to your uk property...............

True, but it is also claimed that under such circumstances any children of your spouse may well have claim to UK property.

To be honest, I don't know for certain. But I do know that such a claim is being made against the daughter of friend of mine who passed away a couple of years ago in Pinas.

The case has been continuing and it's still unclear what will happen.
BTW, the children involved in the Phils were not 'his' blood children.

It's a funny old world.

[RickyR]

To the OP, if you do intend on having a family and children, then a prenup isn't worth it at all. If your planning on just being married without kids, i'd get married in the Phils and get a prenup there

[imagine]

one thing for sure,,, it doesnt matter who you marry where you marry, you take that same risk,
advise,,,, know her well, trust her, love her, if you dont or you cant then dont take the risk,
you either take the risk or stay on your own and love your wealth, which ever makes you happy,
think about it, what do you want most

[grahamw48]

I'm happy to share half my debts.

Any volunteers ?

[imagine]

I'm happy to share half my debts.

Any volunteers ?

nice offer but i think il pass on that one

[grahamw48]

Nowadays I'm only interested in women who want me for my body...alive that is.

[imagine]

Nowadays I'm only interested in women who want me for my body...alive that is.

well at our age that narrow things down a bit

[toging]

one thing for sure,,, it doesnt matter who you marry where you marry, you take that same risk,
advise,,,, know her well, trust her, love her, if you dont or you cant then dont take the risk,
you either take the risk or stay on your own and love your wealth, which ever makes you happy,
think about it, what do you want most

[Terpe]

I know, this is the last thing anyone needs to think about when getting married, but let's at least be honest, bad things can and do happen and marriages can and do end. Period.

I have no idea how the law bends in these days, but in my early times it often depended on how good was the legal representation, how greedy and spiteful was your ex and which way did the wind blow with the Judge.

I would never argue against anyone who wants to protect:-

1. Any children and their future.
2. Any assets held prior to marriage.
3. The wishes and hopes of Grandparents and other very close family.
4. The fair rights and responsibilities of both parties

Go ahead and do whatever you can. It's always better than doing nothing even here in UK

Now, all you need to do is convince her to sign

[stevewool]

i was thinking down that line before we got married , but to tell the truth this first year of being married to emma has been one of the best years of my life,yes we may be a little richer in wealth then our future partners, but i am sure she is 100 times richer in love towards you, if you have any doubts dont get married

[imagine]

wanting to protect your wealth is natural, if things go wrong its normal to want a fair agreement,
if shes happy to sign a pre agreement then thats good, im sure if things went wrong you wouldnt see her with nothing,
from experience, the person you love and think you have known from years of marrage, can turn out to be someone quite different in a divorce situation,
but hopefully you will never have to face that,
but i will say real love is worth more than worrying about money

[Rosie1958]

I went to see a solicitor this year before my partner and I started living together and had a co-habitation agreement drawn up. It might appear harsh to do such a thing but the purpose of this was to formally agree between ourselves that should our relationship ever end, our assets are to be divided as stated in the agreement. Having already been through one divorce, it makes sense to me to protect my assets and my son’s inheritance, particularly as Terpe rightly points out, in the event of his death, my partner’s children could make a claim against my assets.

In reality, none of us knows how a marriage will fair several years down the line, people and expectations can change. Everything might be “rosie” in the garden right now, especially when first married but how do you know, for instance, that your beloved will not find another partner or vice versa? It does happen ........... !

My advice for anyone with their head screwed on wishing to safeguard the future of their children’s inheritance is to go and seek further legal advice about a pre- nuptial agreement (if you are getting married) or a co-habitation agreement (if you intend to live together without marrying) . It could save a lot of time, money and heartache in the future. Mine cost about £400 and although a bit of a uneasy subject, my partner and I were able to laugh about it in the end.

Good luck

[Englishman2010]

Great advice Rosie

[grahamw48]

True.

Thank heavens we are blessed with such level-headed ladies to keep us schoolboys in line.

[johncar54]

In UK, in a court deciding on a divorce / separation, providing the judge say he has considered the pre-nuptial agreement he can then totally disregard it.

So whilst it may have some use, it may also be a waste of the money paid to the lawyer who drew up the agreement.

[worthingmale]

a pre nup was up held recently wasnt it, was in the paper,

and nothing wrong with keeping a level head in all situations,

[johncar54]

Wikipedia:-

Prenuptial agreements have historically not been considered legally valid in England. This is still generally the case, although a 2010 Supreme court test case between the German heiress Katrin Radmacher and Nicolas Granatino,[3] indicated that such agreements can "in the right case" have decisive weight in a divorce settlement.[4] The Law Commission is due to consider whether a change should be made to the letter of the law, recognizing prenupts in a more general way; they will report on the matter in 2012.

[philuk]

and as has already been said if children are involved, everything is different anyway, the wife will almost always get full custody of the kids with dad having visitation rights and she and the kids must have somewhere to live, so who gets the house ???, not the guy, pre nup or no prenup, the courts will not put a woman and her kids onto the street, and chances are the guy will end up still paying the mortgage to keep a roof over there heads.

[grahamw48]

Correct....and continue to pay after she has re-married.

Fortunately my ex chose to 'dump' our son on me so she could pursue her ambitions.

I wouldn't swap him for a million pounds, or a mansion.

We are considerably poorer, but happy.

[stevewool]

so very true Graham, we men are just pussy cats compared to the women

[sars_notd_virus]

Hi,

We both love each other but due to the vast difference in wealth I need to ensure I have this arranged (she has already agreed) and also most of my wealth is tied in join investments so i need set clauses set. I need a pre-nup to ensure everything is in order, I have no plans to every break up (she says she will kill me if i ever do anyway) ever but it's a family pressure also it's wise to really (my father got screwed over by my mother when they split).

Before anyone says anything, this marriage is not planning to fail it's just when i a house in her province for just over a month's income.... it's a big difference..

Chino

Go for it!! heres a good link about pre-nup in the Philippines
http://www.philippinesprenuptialagre...ial-agreement/

[Rosie1958]

and as has already been said if children are involved, everything is different anyway, the wife will almost always get full custody of the kids with dad having visitation rights and she and the kids must have somewhere to live, so who gets the house ???, not the guy, pre nup or no prenup, the courts will not put a woman and her kids onto the street, and chances are the guy will end up still paying the mortgage to keep a roof over there heads.

Hey Phil .... just to put things into perspective, I may be in a minority but not all women are treated in this way. My lazy ex husband was more than happy to sit back and watch me work hard to pay the mortgage unsupported and then claimed 50% of the house value when we split, regardless of the fact that I was also supporting our son who was still at school. The 25 year mortgage was due to be paid in full last year but I had to remortgage to pay him off and will now be working until I am over 70 years old. He also tried to take 50% of my pension too and having obtain legal advice from a barrister, I had to agree to let him take 25% in the end. He will therefore be living off me for the rest of his life but guess what ......... it’s worth it to be rid of him!

[johncar54]

In Spain, I am pretty sure, that the Law states that what each party has at the time of marriage remains the property of that person.