The Student Room Group

Prenups- yay or nay

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Original post by Trapz99
What do you mean?


They arent legally binding, but if one exists they will follow it unless they think its unfair. making sure your partner gets nothing is hardly fair,
Original post by queen-bee
.


you need to make a space in ur box
Reply 62
Original post by Slutty Salafi
you need to make a space in ur box


Oh I didn't realise,okay
I'm all for the prenuptial agreement. It's simply a piece of paper she has to sign, heck it will hopefully never be seen or used again, just a quick signature and boom job done
Original post by 999tigger
They arent legally binding, but if one exists they will follow it unless they think its unfair. making sure your partner gets nothing is hardly fair,


Why is it not fair? If I earned my money I should be allowed to keep all of it.
Reply 65
Easy, family trust funds - protect assets without the awkwardness of a prenup
Reply 66
Original post by queen-bee
What if you have children together,should men still be required to pay child support after the divorce?


This comment shows a problem with family courts and the fact that it is assumed that the mother will get custody.
Reply 67
Original post by joecphillips
This comment shows a problem with family courts and the fact that it is assumed that the mother will get custody.


The mother usually does in most cases?
Tsr is full of naive student lefty types and those madly in love with that first girlfriend and so the responses you get won't be those that are rational and thought through, they will be those of a love sick child. Play the long game and do the sensible thing people
Reply 69
Original post by queen-bee
The mother usually does in most cases?


Yes they do and that is the problem.
Original post by Trapz99
Why is it not fair? If I earned my money I should be allowed to keep all of it.


Because there is no probision for the wife and part of that money is earned whilst you are married as a parnership. You also dont know ehether there are any children involved.

She would have to be a very desperate or stupid wife to marry someone like that imo.
Original post by 999tigger
Because there is no probision for the wife and part of that money is earned whilst you are married as a parnership. You also dont know ehether there are any children involved.

She would have to be a very desperate or stupid wife to marry someone like that imo.


But the prenup also means that I'm not allowed to take any of her money if we get divorced. It works both ways- we both keep our own money.
Original post by Trapz99
But the prenup also means that I'm not allowed to take any of her money if we get divorced. It works both ways- we both keep our own money.


well the courts look at it and follow the guidelines if they think its unfair they wont follow it.

If your lucky wife owns very little before the marriage, then to deny her a penny is hardly a fair bargaining power. If you dont regularly update the prenup to take account of changes, then thats also another reason they might not uphold it. Children being the prime example.
Yes so it can protect either party although they're pretty much useless. I probably won't get married anyways.
Yeah and if my wife dared divorce me I would make her life and future happiness unbearable....impose conditions on the property such as she must sell (getting me my hard earned equity) if she 1. Cohabits 2. The children become aged 21.......honestly it wouldn't be worth divorcing me.......I call the shots #rant
For the girls saying no:

If you're saying no to the prenups because it may cause doubts within the relationship, if you were to get divorced without any prenups, would you ask for the husbands money?

This applies the other way round, for the boys, would you ask for your wife's money?
Original post by UTG8
Easy, family trust funds - protect assets without the awkwardness of a prenup


Kind of , but the court has exrensive powers to take all property into consideration.
Reply 77
Original post by 999tigger
Kind of , but the court has exrensive powers to take all property into consideration.


But i thought the point was that any property doesn't belong to you, only the trust, and is treated as separate property. Ik that;s simplistic, but for example if the trust is completely discretionary and established by the parents (as is the likely case in marriages since people tend to be young) then it can't be touched, right?
(edited 8 years ago)
Original post by UTG8
But i thought the point was that any property doesn't belong to you, but the trust and is treated as separate property. (Obviously simplified) And also if the trust is completely discretionary and established by parents for ex/ (as is the likely case in marriages since people tend to be young) then it can't be touched, right?


Courts will consider and decide what benefit you get from the trust and how to consider it.

The types of orders a court can make depend on what type of trust is in question.
Sometimes the court’s powers are very limited. If the interest is not immediately available, and if no distributions have been made by way of income or capital, then there may be little impact on the financial settlement.

Alternatively, if one of you has been receiving income and/or capital on a regular basis, then the courts are more likely to look at this as a financial resource and one that can be relied on as continuing in the future.

If the trust is “nuptial”, then the courts have much wider powers.


One of the biggest assets is normally the house, so they could just alter the share of the procees o take one parties benefit from a trust into acccount.

Thats all a bit off topic, which is pre nups, if updated and not unfair will be upheld by the courts.
Reply 79


The older you get the less money is that important to you. I've been married 15 years and am not far off being a millionaire. If my wife wanted out I'd hapilly give her half. In fact, I'd not worry too much if I was left with 10% of it. I'd either (a) just make it again or (b) not bother - go and live somewhere like Guatemala on pennies doing sweet FA all day.

Money isn't that important. Nice to have but I spent years living in 1 bedroom bedsits and cheap motels. I can handle it pretty well.
(edited 8 years ago)

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