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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11750
Experience:  30 years as a practising solicitor.
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Hello, Im planning to get married to a man Im with for 27

Resolved Question:

Hello, I'm planning to get married to a man I'm with for 27 month and he is 15 years older and has a very bad temper, hence we had many break ups, but still get back together every time. When we brake up he act totally ruthless and doesn't care how I survive, but some time later begs me back and promises the world and so go and go on. This time I said marriage or nothing and he agreed. He has properties, several pensions and I was heavily involved in the process of future development he has and not just inspiring, but also time and labour. In my situation , as I want to secure and protect myself (I'm not young and had enough of new beginnings) is it better to have a prenaptual or just to leave the marriage without. He has 2 grown up children in whom he invested heavily already and left lavishly to his previous wife after divorce, I think that's another reason he doesn't want to share much any more, but I don't want to see myself 10 or so years later on the streets too. Thank you.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

A prenup is normally to protect the assets of the better off party so unless you have a lot of assets of your own that you want to protect I don't see how a prenup would assist you.

The law is that in the absence of such an agreement, property acquired by a party to a marriage before the marriage which was not in contemplation of marriage is not matrimonial property and does not fall to be fairly shared on a separation and divorce. Nor are gifts or inheritances from third parties.

So the only issues arising on a separation would be the extent to which property had been acquired by one or other of you AFTER the marriage. That would go into the pot for division as it were. So for example the value of his pension which you would be entitled to share would be the element which related to the period after marriage. Any money, property or investments acquired after the marriage would be included. Anything before would not.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you, XXXXX XXXXX prenup for separation or death guarantees me certain assets of existing wealth of my partner, as he said on many occasions, then I guess it's worth it. I don't have a great wealth, but I doubt we have enough time to invest together in new projects, yet if I'm left to look after my husband I give him the rest of my life, I don't want to see all his wealth going to his already well of children who don't even see him. Sorry if I sound harsh, but this is how it is.
Expert:  JGM replied 3 years ago.
Yes, I agree, if he is prepared to enter into an agreement with you where you have a financial provision in the event of separation and divorce then this would be in your interests.
Customer: replied 3 years ago.
Thank you.