So most pre nups are purely about protecting what is brought into a marriage and not about the assets accumulated within the marriage?
If you bring say a house into a marriage - sell the house and buy another with your partner - how would that get split down the track?
I will find out more next week with my 2nd appointment with the solicitor and let you know, as I have houses that are tied up in trusts and then inheritance.
If you have properties that are in trusts you have to make it very clear that the trust is not in any way "shape or form part of the marriage" in regards to assets and also goes with inheritance.
If the marriage was to break down and we al do take out care insurance, make sure to include children into the agreement and who will pay for what if the marriage was to break down, make sure to cover everything and anything in the Agreement even if you think it wont happen.
Example and a very true story that happened to someone: If I have a house that is in a trust, the best way to protect yourself from loosing that house wether you have children or not is to rent the house from the trust which wont form any part of the assets in the marriage.
A question that I need to ask the solicitor is if I open a new trust and purchase more property would those assests be included in the marriage.
In case your marriage does turn for the worst she or he can take out an Intervention order stoping you from entering that house for a peroid of 12mths or longer and to avoid this.
Remember women still have more rights in this country then men, doesn’t matter how many times you hear the law has changed the family courts are always in favour of the women.
So in case you were served with a intervention order to stop you entering your house which really wouldn’t be yours but would be controlled by you through the company and trust and you would be renting the house from the trust, you can always go to the real estate agent for them to serve her or him with a notice to vacate the property as there have been many cases were men have been left out in the cold and no where to go.
It's also important to remember to make the B.F.A
BINDING is that you don’t take advantage of the Financial Agreement as it wont make it Legally Binding so you have to give a small percentage and make sure to include children, etc.
Note: that after 2 years into the marriage and "without a Financial Agreement" that everything becomes 50/50 split.