martincymru wrote:Has anyone got experience with pre-nuptial agreements?
I considered one 'second time around', but was torn by what it would say about my future expectations for the relationship. Yer know, you set-up a pre-nup to protect yourself against marriage breakdown, a few days before getting married. Romantic.
You also need to consider if any pre-nup would be recognised by the jurisdiction in which you are/might be getting divorced. This is why you see 'jurisdiction-shopping', big divorces getting filed in the most advantageous countries. When I last looked into it, the UK doesn't recognise pre-nups beyond a divorce court looking at one and considering it as an 'expression of will/desire/intention' i.e. a direction, rather than something legally binding [sorry, don't know hot to put it better] .
There are others aspects. One gulf for example exists in the US. That hinges on whether you get married in a Spanish-law (historically/based), or English-law (historically/based) state. Roughly speaking English-law states function as per UK law. Spanish law states however have a presumption that all property
/assets are shared equally upon marriage - Big Bang style. That's why you hear so much talk out of Hollywood etc of pre-nup's, as CA is a Spanish-law state.
Under English law almost the reverse is true. For example, say I'm worth £50mill, own 10 houses around the world, and have an income of £5mill. And she, she's a wonderful person, but has no assets, she rents her home, and has only a modest income. We marry (M-day), and on M+1, she has no rights over my assets or income. None. If we choose to live in a rented place, maybe even her rented home, and we live a modest lifestyle, such as that she enjoyed before, then she is never (as such) entitled to my assets/income. If however we move into a villa, I buy her a car and a horse, and we take 6 nice holidays a year, then she begins to accrue a right to the lifestyle with which I'm now providing her.
So in a marriage with wealth disparity, if it's shorter, and one party hasn't accrued the kind of embedded right to that lifestyle, then exiting needn't be $$$... and vice versa...
. Some of this stuff I was researching 15 years ago. Much is likely to be the same, but some aspects of it are likely to have changed... There is a lot of info on the web if anyone wants to explore this. Everything from the legal statutes, to DIY resource sites, to specific discussion groups...