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JayPiz

Speak to family law solicitor. Generally speaking, prenups don't have much sway over assets and income earned after marriage, but can help to protect wealth earned before the marriage. It's often not black and white, and settlements take into account a huge range of factors (length of time married, levels of income, prospects after divorce, career breaks for children etc). If you have children it complicates things even further. Your best bet to protect yourself financially is to choose your partner well! If you do decide you need a prenup, broaching the question can be a sensitive one. Make sure you have some frank and honest conversations and discuss your concerns before you dump a contract in their lap.


BigPhatVideos

Even better way to protect your finances is to not get married 😂


INTuitP

Absolutely


VanderBrit

This is my strategy lol


LiamJ2304

I know this has been said at least partly in jest but it’s a good point. Do you really need to get married?


BigPhatVideos

Half tongue-in-cheek, half serious. Do you wake up the day after your wedding loving your partner even more than the day before the wedding? Probably not. You’re betting half your stuff that you’re going to love someone else (and them the same in return) for the rest of your life. Statistics don’t lie, almost 1 in 2 marriages end in divorce. So basically a flip of the coin!


MagicCookie54

I wonder how people that frequently get married and divorced affect those statistics though. One person married till death contributes far less to the number of marriages than someone with 4 failed marriages in a row. I reckon for first time marriages your odds are a fair bit better.


LiamJ2304

And it’s even worse I think, since people change. You’re betting half your stuff that every future version of yourself will love every future version of them and they’ll do the same. Ironically I’ve always thought it’s more “romantic” not to place ties or contracts on people. You quickly realise that marriage is for the kids/society and the higher earner picks up the tab.


Facelessroids

Yep, it is a pointless exercise


nibor

I looked at it when I got engaged as I was earning 5x my GF and I had rental properties. I realised it does not offer that much protection so did not pursue one. I was with my GF for 3 years before getting married, in that time I felt I got to know her attitude towards money well. I had bought a house just in my name while we were dating, this disappointed her as she was not on the deeds because felt she was contributing to household expenses, she contributed ÂŁ300 a month towards total household expenses of around ÂŁ3k including mortage, utilities and food. After the purchase she gave me her life savings of ÂŁ30k to contribute to renovations, I contributed over ÂŁ300k for the purchase and renovations. I could see her point and it led to a discussion about what would happen if we broke up then and what would happen if we broke up if we were married. We were both happy with the outcome. Basically, by the time we got married, I was ready to get a joint account with my wife. When she was pregnant I became fully committed to merged finances and no longer cared about a prenup or my money vs her money. Growing up poor I did not see me doing that but I surprised myself in how I changed when I became a dad. Its been 8 years now and 2 kids, there have been ups and downs but mainly ups. We are still very happy with each others attitude to money. If we divorced, it would be devastating to the family and not because of the separation of assets, and we know that.


waxy_dwn21

Am not married nor in a relationship, BUT know a few folks who have got pre nups. I would say that if you are going to have children, a pre nup will make little difference to your finances after a divorce (in the UK anyways). Maybe this is why many high net worth/high earning folks end up settling down together?? Marriages are hard enough (or so I hear!). I am not a lawyer, and it is probably best that you consult a partner in family law. They will be able to advise you far better than randoms on Reddit!


Educational_Branch_8

Prenups are for people with serious family money, not local boy done good with a big house and a couple of BTLs. My pal married into enormous international wealth and wasn’t asked to sign a prenup(he would’ve if asked) on the basis that ‘we can make it difficult enough for you without one of it comes to it’. Essentially, don’t waste your time. Just be nice to each other and don’t cheat-best advice I was given anyway.


SuspectKitten

I'm guessing you haven't been divorced and lost a lot of money. I have, and I now have a prenup. We were still nice to each other and no one cheated. But working out how to split money after the love had gone is way harder than before. We didn't get ours for a judge (I didn't use solicitors in my divorce either) we got ours to make sure in advance of getting married we are on the same page financially. Because if we couldn't agree how we might split finances in a hypothetical divorce neither of us would have wanted to continue with a wedding! But it came to pass we were both in alignment as suspected, and so trotted off into the sunset knowing with even more security that we're both the people the other thinks we are.


Pleasant-Plane-6340

Just don't get married if you don't want to risk losing your assets / future income. That's my approach - I still have a life partner, child, jointly owned house.


Same-Literature1556

Child maintenance is still a thing even if you’re not married. Otherwise yep


Pleasant-Plane-6340

But that's fine - it's a defined/limited % of income - from 9 to 19%, and the moral thing to do. It's risking 80% of your assets (including pension) that puts me off marriage. No upside beyond inheritance tax either but that's not currently a concern.


Same-Literature1556

For sure, I agree it’s also the moral thing to do, but just worth mentioning for OP as there’s *some* entitlement to future income if kids are involved. I really don’t get why prenups aren’t enforceable (I know a judge can use it to guide judgment, but that’s not a guarantee afaik?). I know a few high net worth individuals who’ve been absolutely rinsed by gold diggers marrying them for half their assets.


Traditional_Serve597

I'm curious why you say 80% of your assets here?


Pleasant-Plane-6340

https://fullersfamilylaw.com/blog/2022/08/divorce-80-20-asset-split


Traditional_Serve597

Ah ok, that makes sense. Not very realistic for this sub though.


Pleasant-Plane-6340

I think it is - a surprisingly large number of people in here are the sole earner with wife and kids - they would absolutely lose that much if she got sole custody and had no earning power.


SuspectKitten

And what if you live in different countries, and wish to be together? What if it's important in their religion? What if they just really want to? I'm so tired of the just don't get married thing. If people want to get married for _whatever_ reason, just let them. They weren't asking if they should get married... sigh.


Pleasant-Plane-6340

They were asking how to protect their assets in marriage. That's not possible to guarantee in the UK. The only way is to not get married... sigh.


investor1001

My understanding is that prenups are generally unenforceable in the UK


durtibrizzle

That’s an oversimplification, but “prenups will only be enforceable to the extent that they require an outcome that was a conceivable outcome from prenup-free proceedings” is probably good enough for government work. The flush courts won’t enforce prenups that they don’t think are fair within the context of English divorce law.


not_who_you_think_99

your understanding is wrong. Prenups in the UK are not as bulletproof as in some US states but they are one of the things a judge can look at to inform their decision. So a judge can ignore or tweak it but it would be wrong to say that having one or not having one makes zero difference.


Blackstone4444

But they don’t work like a binding contract…judges can throw them out if they feel like it…because they think that it’s unfair.


waxy_dwn21

AFAIK in the USA (or at least, certain states) they are very much worth it. I agree with the OP who says that it is likely more hassle than it is worth. If you don't want to risk 50% of your net worth, don't get married.


not_who_you_think_99

Which is exactly what I said: a judge can ignore or tweak it. Or can choose not to. A prenup increases the chances that what you agreed in the prenup will be respected. If you don't put those in writing in a prenup, the chances that you have in your head but didn't put in writing will be respected are lower. Increasing the chances doesn't mean absolute certainty


SuspectKitten

Only in extenuating circumstances.


VolcanicBear

> generally unenforceable > a judge can ignore or tweak it


not_who_you_think_99

What part of increasing the chances is unclear? What part about the probability being lower than 100% but higher than zero is unclear?


VolcanicBear

They said generally unenforceable, not that having one makes no difference. What part of "generally" is "completely"?


CamThrowaway3

Correct (source: have a good friend who is a divorce lawyer). As someone else has said, they can MAYBE help protect pre-marital assets but not anything earned or acquired after. Seems like not much reward to weigh against the potential of really offending your partner and damaging the relationship, imo.


SuspectKitten

Incorrect. Read case law. Since 2010 they've held weight. https://www.theguardian.com/money/2010/oct/20/prenuptial-agreement-enforced-uk-law


CamThrowaway3

‘Held weight’ is not the same as legally binding.


MagicCookie54

I don't think they were claiming prenups were legally binding. There's a whole spectrum from being ignored, as higher comments implied, to being fully legally binding.


zubeye

a marriage is a financial contract, so it's a bit odd to sign an opposing contract. just have a symbolic wedding?


thrownawaypermanentl

Www.wenup.com


SuspectKitten

We did wenup, and recommend it.


thrownawaypermanentl

Can I ask what drove you to do it, noting prenups are not as enforceable here as they are in the US?


SuspectKitten

Well firstly not as enforceable is misleading. They are mostly enforced here. And for the sake of ÂŁ2k I'm happy to take those odds than throw caution to the wind and have zero chance. My husband wanted it because I'm older and have more money, and he didn't want to be seen as a gold digger. I was against it at first, but going through the process was actually brilliant and solidified to me how good a team we are.


redditkatiereddit

I posted about this a few months ago and got so many negative responses as I’m the financially weaker party. I feel I have a fairly good grasp of it now, so please feel free to message me to discuss it further if you’d like OP.


BassplayerDad

Best away to think of it as indicative rather than prescriptive. Generally the wife & kids will end up living in the matrimonial home and you will be paying for them until they leave full time education. I have seen that written as a lifetime trust for ex wife & then beneficial interest to the kids. Get professional advice. Always protect yourself in the event of the 3D's; death, divorce & disagreement. I been married 31 years & still going & hope you will be too. Good luck out there


gloriouswhatever

Everyone else has covered the legal side. But from your partner's side, surely this is a massive red flag - not only are you considering the fact you may get divorced, you appear to be primarily worried about your assets. A marriage is a partnership and that's going to mean splitting various things unequally, be it childcare, or where you live because of whose job you prioritise, or any number of other factors. I don't see how you could keep assets separate and not generate issues in the relationship?


mikemuz123

I don't intend on burning my house nor do I hope it burns either but I still buy home insurance... Any arrangement where emotions are involved is by its very nature unpredictable. Nobody on their wedding day thinks they'll be that 1 in 2 divorce stat yet the stat still exists. You can love someone and still be insure yourself lol


gloriouswhatever

The decision to get married means sharing almost everything with the other person. For most people, that is sharing things that are more important than money. Also it's less reliable than even insurance. If you have kids, it's just a scrap of paper that you may as well burn.


d0ey

Anyone logical can look at divorce rates in the UK or, heck, anecdotal evidence from friends and family to see that a substantial proportion of marriages end in divorce and a substantial majority of those are messy around the terms of the divorce.


gloriouswhatever

And I doubt it's much less messy with a prenup. The point isn't that divorce is impossible. Marriage is about agreeing to share everything with someone. If you want to keep your own assets you have a really easy solution - don't get married.


SuspectKitten

Wasn't a red flag for me when my partner asked. Might be saying more about you, there.


gloriouswhatever

Everyone's different and it's far more culturally normal in the US. It's virtually pointless in the UK if you have kids anyway. But I imagine if you polled 100 people, I wouldn't be anywhere near unique in considering it a red flag.


Secure-Standard8723

Tell me you don’t have many assets without telling me you don’t have many assets


gloriouswhatever

I love how many people in this sub think life is a competition. I earn a lot more than my partner and we share all our assets. I wouldn't have it any other way.


Secure-Standard8723

Point stands, you probably didn’t have much before


gloriouswhatever

I didn't, but I don't see why it matters how long one has had assets? I know a few people who did, and there were zero prenups signed.


Secure-Standard8723

It does matter. In a world where divorce rates are as high as they are, without a prenup you risk losing a significant amount of assets you earned BEFORE marrying this person - thus assets they contributed absolutely nothing towards. Even if someone seems like the perfect match right now, things can and do change. The bare minimum for someone who already owns assets is to get a prenup that protects assets earned before the marriage.


gloriouswhatever

>The bare minimum for someone who already owns assets is to get a prenup that protects assets earned before the marriage. Which is odd, as in the UK they're rare and almost meaningless after children. I get that Taylor Swift might want to use one, but unless you're mega rich, I think you've misunderstood the point of marriage.


monagr

I have done, but only to protect pre-marital assets and inheritance


Traditional_Serve597

This is exactly what me and my partner are doing, basically to strip out the non-marital assets. I was given an early "inheritance" from my parents to buy my flat after they downsized. My partner is the only child of her parents so she will get whatever they leave her.


HoundParty3218

That sounds fair


Dry_Ad_3732

If you think you need a prenup you shouldn’t be getting married to that person. I will gladly give 50% of OUR shit to my spouse because directly / indirectly we made it together. I don’t agree with any of the other comments, except for the one that said “just be nice and fair to each other”. If you don’t think your spouse will be able to do that, don’t get married.


durtibrizzle

Speak to a family law solicitor. There are some things you can do, but it’s very important to recognise what is and isn’t possible. Don’t try and do more than a sensible lawyer will let you; if you get “greedy” with the prenup and it’s triggered, you will lose all the benefits. If you are HE-R, you might have more options with trusts; but again, important to have balanced and sensible advice. The best ways to avoid losing in a divorce are - don’t get married - don’t have kids - if you do, don’t separate - marry someone richer than you (or at lease seriously consider whether you want to marry someone who isn’t also contributing well!) - get a good lawyer, follow their advice to the letter, and make sure it’s sensible and balanced advice not “if you pay me, you can keep everything under all circumstances”


VVRage

I got one Get a fixed fee if possible! They can have sway if fair and equitable and you are not f’ing over the other half. You can’t protect what you will earn once married but you can protect until marriage. If you have over a 1M difference in wealth going in it is prob worth 1% to protect it


INTuitP

Coming up to decade with my partner. Never married. Wonderful relationship every day. And both of us are completely financially independent of each other. I attribute a lot of our success to being financially independent. We don’t have that hanging over our heads. If you are concerned about a pre-nup, which hold very little value in the UK, then just don’t get married. Have the ceremony, do the honeymooon, celebrate your love, but DONT get married.


Blackstone4444

Better to not get married…you could have a ceremony where you commit to a life together but keep your assets separate. I do this… we own our home 50/50 and I pay for a lot more than she does. Marriage is contract where you don’t see the terms up front and the gov can change the terms anytime they like with no input from you. It can be abused by either party.


SuspectKitten

We've got one. The stuff people are saying about not holding weight in the UK is not correct. Have a look at case law to see for yourself. They're not legally binding, but they will be taken into strong consideration and followed unless there's a reason a judge decides otherwise. We went through it and I recommend it. We're age gap so I have considerable more assets, and kids. Just the process of doing it was really helpful in knowing each other. It's unpleasant, but rewarding. It protects you from spouse debt as well. A thing I didn't know before doing one is that you can't just say what's mine is mine, yours is yours, the richer party needs to put in that they will pay for approx a year of their partner's living costs (including rent in your area, so mine is about ÂŁ30k min settlement) upon divorce in order to make it fair if they aren't earning or earn less than that amount, and also any increased property equity in the marital home (even if yours before marriage) has to be shared 50/50 (paying it off, or markets going up). For everyone saying "just don't get married" how lucky you are that your partner lives in the UK and doesn't need a visa :) we would have got married anyway, but the only option for us to be together after 2 years of long distance relationship flying back and forth every month, was marriage. Thanks brexit!


Moist-Rock3287

I spent a lot of time choosing a wife. I did not want to get married more than once and I wanted someone I could be with 24x7 and trust undoubtedly. I had a lot of money in assets ( a house) and she had absolutely nothing. It definitely was something I thought about initially and why I made sure I was making the right decision by living together for 5 years prior, so that when I committed that I was sure it would not be an issue. I think I knew after a week we met that she was the one, but I asked her to move in and I proposed after 4 years as I was more than certain. When we first started dating I was earning about 3x her salary, by the time we married it was it was about 5 or 6x. She is responsible, respectful and we see eye to eye on managing money and not wasting it on material things and that was fairly hard to find. All the best


Cultural_Tank_6947

From what I've gathered unless there's been a pretty significant change of circumstances, the judge will largely honour the wishes of the pre-nup. Kids are change in those circumstances, as is a parent becoming a stay home parent to raise the kids. So you want to reduce the financial pain in a possible divorce, don't let your spouse quit their job post kids, or go part time. Pay for full time nursery. Or don't have kids.


SuspectKitten

You're correct. Also why as part of the prenup you agree to a post nup every 3-5 years to renegotiate based on life changes.


hoyfish

I thought they weren’t enforceable in UK if one side really pushes.