Google Groups no longer supports new Usenet posts or subscriptions. Historical content remains viewable.
Dismiss

"Pre-nup" agreements

26 views
Skip to first unread message

nos...@thanks.com

unread,
Feb 8, 2017, 2:42:57 AM2/8/17
to
A couple of questions about pre-nup agreements:
- Do they have any force in law?
- Can a single firm of solicitors provide pre-nups for both parties
providing that a different solicitor at the firm acts for each party?
- In practice are they effective at protecting whatever each party
brings to a marriage if the marriage breaks-down or when one party dies?
- Is there a better way of achieving the desired protection?

Handsome Jack

unread,
Feb 8, 2017, 4:09:10 AM2/8/17
to
nos...@thanks.com posted
>A couple of questions about pre-nup agreements:
>- Do they have any force in law?

Yes, in certain circumstances first set out in the 2010 Supreme Court
ruling in Radmacher. See
http://www.bailii.org/uk/cases/UKSC/2010/42.html

>- Can a single firm of solicitors provide pre-nups for both parties
>providing that a different solicitor at the firm acts for each party?

Not sure. Probably not.

> - In practice are they effective at protecting whatever each party
>brings to a marriage if the marriage breaks-down or when one party dies?

Not entirely even at the best of times; and a substantial breach of any
of the Radmacher conditions might invalidate one completely.

> - Is there a better way of achieving the desired protection?

Yes. If you have or expect to have substantially more assets than your
partner, do NOT marry her. Whatever you do.

--
Jack

Sara Merriman

unread,
Feb 8, 2017, 4:51:20 AM2/8/17
to
In article <KgBD46F5...@invalid.com>, Handsome Jack
<Ja...@nowhere.com> wrote:

> > - Is there a better way of achieving the desired protection?
>
> Yes. If you have or expect to have substantially more assets than your
> partner, do NOT marry her. Whatever you do.

Or him, of course :)

Handsome Jack

unread,
Feb 8, 2017, 5:44:15 AM2/8/17
to
Sara Merriman <sarame...@blueyonder.co.uk> posted
Of course. In fact, in Radmacher, the wealthier party was the woman.

--
Jack

Broadback

unread,
Feb 8, 2017, 6:57:49 AM2/8/17
to
When I married there was a quite large imbalance between our wealth. I
did not hesitate after all, why would you marry a person you did not
totally trust. Maybe I was foolish, however it has worked pout fine.

Sara Merriman

unread,
Feb 8, 2017, 7:36:03 AM2/8/17
to
In article <o7f01j$fh2$1...@dont-email.me>, Broadback
I agree - I have no worries about Rog leaving and running off with my
money, if I had any.

Yellow

unread,
Feb 8, 2017, 1:12:42 PM2/8/17
to
In article <efvb3l...@mid.individual.net>, nos...@thanks.com says...
>
> A couple of questions about pre-nup agreements:
> - Do they have any force in law?
> - Can a single firm of solicitors provide pre-nups for both parties
> providing that a different solicitor at the firm acts for each party?
> - In practice are they effective at protecting whatever each party
> brings to a marriage if the marriage breaks-down or when one party dies?

Does a pre-nup help you when someone dies? Surely that is simply down to
leaving a will or the laws of intestacy if you do not.


> - Is there a better way of achieving the desired protection?

If you think you need a pre-nup then perhaps you should think twice and
thrice about what getting married means and whether you should go
through with it.

tim...

unread,
Feb 8, 2017, 1:22:41 PM2/8/17
to


"Yellow" <no...@none.com.invalid> wrote in message
news:MPG.33056fe2d...@News.Individual.NET...
> In article <efvb3l...@mid.individual.net>, nos...@thanks.com says...
>>
>> A couple of questions about pre-nup agreements:
>> - Do they have any force in law?
>> - Can a single firm of solicitors provide pre-nups for both parties
>> providing that a different solicitor at the firm acts for each party?
>> - In practice are they effective at protecting whatever each party
>> brings to a marriage if the marriage breaks-down or when one party dies?
>
> Does a pre-nup help you when someone dies? Surely that is simply down to
> leaving a will or the laws of intestacy if you do not.

you can challenge a will if you are a dependant and the deceased hasn't made
sufficient allowance for you

tim



Yellow

unread,
Feb 8, 2017, 2:30:27 PM2/8/17
to
In article <o7fnhs$aee$1...@dont-email.me>, tims_n...@yahoo.com says...
But would a pre-nup make any difference to that?

Janet

unread,
Feb 8, 2017, 6:00:30 PM2/8/17
to
In article <MPG.33056fe2d...@News.Individual.NET>,
no...@none.com.invalid says...
X might have a previous marriage partner or dependent children with on-
going financial agreements or shared property ownership or business
interests.

Janet
0 new messages