Post nuptial agreements!

[marksroomspain]

Interesting topic for those who regret not taking a pre nup before marriage.

Any thoughts folks??? ...

[fred]

Interesting topic for those who regret not taking a pre nup before marriage.

Any thoughts folks??? ...

You first!
When I got married, I had never heard of a Prenup!
What about a postnup? I wonder how many married couples would sign one of those if they could!!
Not me of course.

[raynaputi]

No point of getting pre-nup and/or post-nup for Keith and me. We're not rich and it's not worth it. If it happens that we end up on different directions (hopefully not!), the only thing I would ask from him is to book me a flight back to the Philippines. Although that situation would be easy enough for both of us coz we don't have kids involved. It would be a different case/scenario if there would be kids involved.

[imagine]

The last time I asked about a prenup, solicitor told me they are not actually legally binding.

[Arthur Little]

The last time I asked about a prenup, solicitor told me they are not actually legally binding.

That's what I've long suspected, Stewart; certainly Myrna and I weren't asked to attend one ... ... possibly because - with BOTH of us being widowed and an older couple, the Authorities felt there wasn't any need, really.

[Terpe]

Postnuptial Agreements are now binding in the United Kingdom following the Privy Council judgment in [MacLeod v MacLeod][44] (2008). Agreements made during marriage or civil partnership that provide for a future separation can be enforced by the courts under the same principles as separation agreements under sections 34 to 36 of the Matrimonial Causes Act (1973).

The court distinguished postnups from prenups by pointing out that in the former case the couple are already married. A prenuptial agreement was no longer the price that one party might extract for willingness to marry, and there is nothing to stop a married couple entering into contractual financial arrangements governing their life together, subject to the usual requirements of the absence of duress, undue influence or unfair pressure to sign. The court continued to recognise that prenups are still valid and enforceable in certain circumstances.[45]

The court declared its assumption that each party to a properly negotiated agreement was a grown-up and able to look after him or herself, whilst being aware of the risk of unfair exploitation of superior strength. The mere fact that the agreement was not what a court would have done could not be enough to have it set aside.

Source

[joebloggs]

Looks like the only ones who will benefit are the lawyers

The validity of Post Nuptial Agreements can however come in to question when misrepresentation, mistake, duress and undue influence arise. As a result, it is important to avoid behaviour that may amount to any of these factors, as little (or no) weight will be placed on the Agreement in any future financial proceedings on divorce.

Read more here ....

http://www.gannons.co.uk/blog/too-la...ial-agreement/

[johncar54]

It certainly was the case in UK that in any proceedings, provided the judge said he/she had considered the pre nuptial agreement, then he/she could totally ignore it.

I have not explored how Terpe's reference affects that.

Just in passing: I understand that in Spain when one marries the new partner does not acquire rights to their existing wealth.. We made a pre-nup in Manila. The lawyer took great care to ensure my wife to be understood exactly what she was signing. After 9 years I realised I did not need it.

[sars_notd_virus]

Post nuptial agreements!
Interesting topic for those who regret not taking a pre nup before marriage.

Any thoughts folks??? ...

Post nuptial agreements?? Yes there is such thing ..I think they call it '' A WILL''

[grahamw48]

The last time I asked about a prenup, solicitor told me they are not actually legally binding.

That was also my understanding.