Disclaimer: By posting on this web site it is accepted that you have agreed to our Terms. Please DO NOT publish copyrighted material/pictures without the owner’s permission, you are liable for any costs incurred.


Results 1 to 10 of 10
  1. #1
    Respected Member marksroomspain's Avatar
    Join Date
    Sep 2012
    Location
    UK
    Posts
    1,092
    Rep Power
    133

    Post nuptial agreements!

    Interesting topic for those who regret not taking a pre nup before marriage.

    Any thoughts folks??? ...


  2. #2
    Moderator fred's Avatar
    Join Date
    Feb 2006
    Location
    South,North East,somewhere.
    Posts
    11,433
    Rep Power
    150
    Quote Originally Posted by marksroomspain View Post
    Interesting topic for those who regret not taking a pre nup before marriage.

    Any thoughts folks??? ...
    You first!
    When I got married, I had never heard of a Prenup!
    What about a postnup? I wonder how many married couples would sign one of those if they could!!
    Not me of course.


  3. #3
    Admin's Assistant ^_^ raynaputi's Avatar
    Join Date
    Mar 2010
    Location
    Denbigh, North Wales
    Posts
    7,464
    Rep Power
    150
    No point of getting pre-nup and/or post-nup for Keith and me. We're not rich and it's not worth it. If it happens that we end up on different directions (hopefully not!), the only thing I would ask from him is to book me a flight back to the Philippines. Although that situation would be easy enough for both of us coz we don't have kids involved. It would be a different case/scenario if there would be kids involved.
    -=rayna.keith=-
    ...When you realize you want to spend the rest of your life with somebody, you want the rest of your life to start as soon as possible...



  4. #4
    Respected Member imagine's Avatar
    Join Date
    Aug 2009
    Location
    Philippines
    Posts
    7,016
    Rep Power
    150
    The last time I asked about a prenup, solicitor told me they are not actually legally binding.


  5. #5
    Moderator Arthur Little's Avatar
    Join Date
    Oct 2008
    Location
    City of Perth, Scotland
    Posts
    24,230
    Rep Power
    150
    Quote Originally Posted by imagine View Post
    The last time I asked about a prenup, solicitor told me they are not actually legally binding.
    That's what I've long suspected, Stewart; certainly Myrna and I weren't asked to attend one ... ... possibly because - with BOTH of us being widowed and an older couple, the Authorities felt there wasn't any need, really.


  6. #6
    Moderator
    Join Date
    Aug 2010
    Location
    Marikina City
    Posts
    26,785
    Rep Power
    150
    Postnuptial Agreements are now binding in the United Kingdom following the Privy Council judgment in [MacLeod v MacLeod][44] (2008). Agreements made during marriage or civil partnership that provide for a future separation can be enforced by the courts under the same principles as separation agreements under sections 34 to 36 of the Matrimonial Causes Act (1973).

    The court distinguished postnups from prenups by pointing out that in the former case the couple are already married. A prenuptial agreement was no longer the price that one party might extract for willingness to marry, and there is nothing to stop a married couple entering into contractual financial arrangements governing their life together, subject to the usual requirements of the absence of duress, undue influence or unfair pressure to sign. The court continued to recognise that prenups are still valid and enforceable in certain circumstances.[45]

    The court declared its assumption that each party to a properly negotiated agreement was a grown-up and able to look after him or herself, whilst being aware of the risk of unfair exploitation of superior strength. The mere fact that the agreement was not what a court would have done could not be enough to have it set aside.
    Source


  7. #7
    Moderator joebloggs's Avatar
    Join Date
    Oct 2006
    Location
    Somewhere else
    Posts
    23,162
    Rep Power
    150
    Looks like the only ones who will benefit are the lawyers

    The validity of Post Nuptial Agreements can however come in to question when misrepresentation, mistake, duress and undue influence arise. As a result, it is important to avoid behaviour that may amount to any of these factors, as little (or no) weight will be placed on the Agreement in any future financial proceedings on divorce.
    Read more here ....

    http://www.gannons.co.uk/blog/too-la...ial-agreement/
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  8. #8
    Respected Member
    Join Date
    Aug 2008
    Location
    Spain since 1988. My wife has been here since June 2006
    Posts
    2,384
    Rep Power
    99
    It certainly was the case in UK that in any proceedings, provided the judge said he/she had considered the pre nuptial agreement, then he/she could totally ignore it.

    I have not explored how Terpe's reference affects that.

    Just in passing: I understand that in Spain when one marries the new partner does not acquire rights to their existing wealth.. We made a pre-nup in Manila. The lawyer took great care to ensure my wife to be understood exactly what she was signing. After 9 years I realised I did not need it.


  9. #9
    Trusted Member sars_notd_virus's Avatar
    Join Date
    Jan 2010
    Location
    Wiltshire,UK
    Posts
    4,955
    Rep Power
    150
    Quote Originally Posted by marksroomspain View Post

    Post nuptial agreements!
    Interesting topic for those who regret not taking a pre nup before marriage.

    Any thoughts folks??? ...
    Post nuptial agreements?? Yes there is such thing ..I think they call it '' A WILL''
    ''Don't be serious..Be Sincere''


  10. #10
    Trusted Member
    Join Date
    Jul 2005
    Location
    Pangasinan
    Posts
    25,596
    Rep Power
    150
    Quote Originally Posted by imagine View Post
    The last time I asked about a prenup, solicitor told me they are not actually legally binding.
    That was also my understanding.


Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Similar Threads

  1. Post a pic of your pet
    By eddiek in forum Pets
    Replies: 36
    Last Post: 8th February 2015, 08:04
  2. old post
    By stevewool in forum Loose Talk, Chat and Off Topic
    Replies: 23
    Last Post: 21st September 2013, 10:21
  3. Pre-nuptial
    By Rory in forum Courting, Relationships & Weddings
    Replies: 27
    Last Post: 16th December 2012, 23:55
  4. Pre-Nuptial
    By chino in forum Courting, Relationships & Weddings
    Replies: 28
    Last Post: 9th November 2011, 11:34
  5. time to post my documents, who is best to post with
    By \\\\ToNy//// in forum UK VISA/British Citizenship
    Replies: 115
    Last Post: 22nd September 2011, 23:37

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Filipino Forum : Philippine Forum