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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33291
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I am a divorced male who is living with a new partner, not

Customer Question

i am a divorced male who is living with a new partner, not married but the new partner has a child to her previous marriage. I have 2 children who spend a minimum of 2 nights per week with me. Our home is solely in my name and I am the main earner of the partnership. My partner does contribute towards the upkeep of the home and car.
If we split up I do not want to lose my property that I have worked for or have half of the equity taken away from me. If I die I want my children to benefit from the property that I have. I do not have any other assets except for my occupational pension which will only go to a 'wife' if I die. I am 42 years of age.
I want to protect my assets from the possibility of a relationship breakdown.
We have talked about getting married but I am not sure!
Submitted: 17 days ago.
Category: Family Law
Expert:  Clare replied 17 days ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

How much is the house worth and how much is outstanding on the mortgage

Customer: replied 17 days ago.
Worth about £250k mortgage £110k. My parents have recently paid about £35k towards a kitchen extension which is now completed
Customer: replied 17 days ago.
My occupational pension is also at risk if we marry and then separate
Expert:  Clare replied 17 days ago.

Would your partner be willing to sign a prenuptial agreement?

Customer: replied 16 days ago.
I am sure she would. Do they have any legal standing?
Expert:  Clare replied 15 days ago.

Like any lawyer i am going to say "they can be" rather than a straight yes!

In the Uk there is no legal frame work regarding Pre-Nuptial agreements as there is in other countries.

However recent Case law has established a foundation that provided the agreement is

1. Made after full financial disclosure

2. Made after both parties have had separate independent legal advice and

3.Is signed more than 28 days prior to the wedding

Then the family court will take account of the agreement in the event of a divorce - provided it also makes adaqate provision for any children.

So if you manage to respect all those things there is no reason why a prenuptial agreement should not be effective

I hope that this is of assistance - please ask if you need further details

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