Pre nuptial agreement a few weeks before wedding

Thanks for response. Yeah the solicitor told me the facts and did flag to me that the time element may become an issue should it ever be challenged in the future. But she didn't say not to go for it.

BB
 
Bigbird said:
Thanks for response. Yeah the solicitor told me the facts and did flag to me that the time element may become an issue should it ever be challenged in the future. But she didn't say not to go for it.

BB
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But my understanding is that pre-nups have never been recognised here?
 
Yeah true. What a solicitor will say is that it won't be a disadvantage should it be required down the line. How much of an advantage it would be is the question and more to the point is it (potential advantage) worth 1,500 plus VAT and a small consultation fee for my partner?

BB
 
Question for OP: Presumably, your goal is to "protect" the equity you have in your house - how much is this?
 
Yes it is in negative equity but that's what was approximately paid out for property.
 
Don't see why that should be an issue as the property is beginning to increase in value. I'm certainly not interested in its current value but more it's potential value say in 10 years time or whenever!
 
Bigbird said:
Yes it is in negative equity but that's what was approximately paid out for property.
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How much NE is it in? I think your new husband to be needs a pre nup, to protect him from liability for your mortgage !

Did he contribute financially to the care of the children for the last 10 years? You mention he has a deposit for a house, will you both be jointly owing that house.

I'm a bit confused by the rent remark, was it rented from the get go until the last couple of years. Where did you live then? Are you living in the house now. Does he now or will he pay part of the mortgage.

Bigbird, you do not need a prenup. It is pointless in the circumstances you outline, not only that it is probably legally unenforceable (none so far in Ireland) but you don't have any actually assets, only liabilities. By the time it's out of NE you and he will be so entwined financially that the pre nup will be the least of your problems should you divorce.
 
I take the view that the property market is changing and what is now a small bit of negative equity 10,000 (ten thousand)approximately will be eradicated in a few years.

No, my children are young so my partner hasn't been contributing for the past 10 years. But obviously, for the 3 years.

Anyways, I've decided not to go for it! Thanks for all the opinions and advice!

Adios amigos!

BB
 
Now it's certainly gone weird. Pre nup re a negative equity property!!! The concept of assets imply ownership. Title of a negative equity property is a liability rather than an asset. Who is going to pay off the mortgage?
 
Bigbird said:
more to the point is it (potential advantage) worth 1,500 plus VAT and a small consultation fee for my partner?
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This should be your biggest issue with it! €1500+ VAT for something that *might* be beneficial but has no actual solid legal foundation?

Can this be done DIY? Surely it can't be that complex?
 
What is the point if it has no legal standing?

I had this discussion with a solicitor 10 years ago, and was advised it would be better to take €1000 outside and set fire to it than to make some unenforceable instrument.
 
Bigbird, I wouldn't bother. You have children together and his career is on the up and up. In a separation or divorce situation you'll get the lions share of whatever's going. Family Law (in practice) favours the woman in every respect.
 
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