Pre-Nup

[littlesally]

A couple I have known for over 10 years have split up.
When they were living together, her father bought her a £190 000 house. It was in her name only and her partner signed a type of pre-nup to say if they split up he would have no claim to it.
Since then they married, had three kids and split up.
He did a lot of work on the house and his was the sole income.
The house is now worth £340 000, partly due to rising prices, partly due to his work.
She has got the kids.

Where does he stand?
Does the pre-nup still stand as they married about 5 years after it was signed?
She says they may have been living off his earnings, but she was bringing up his (and her's) children, and does not want to give him a penny.
He says his work on the house has increased it's value.

Divorce proceedings not started yet

Anyone know anything about this sort of thing?

Sally x

[Celestine]

Hi hunny

The 'pre nup' or 'trust deed' would have been invalidated by the marriage.

He may be entitled to some equity in the property, but not much and anything due would only be likely to be released when the children have all left home/FT education.

No judge would order the sale of the home if it is her and her children's home.

He is partly correct, in that if he did substantial works to the property he may have some financial rights, but as there was no mortgage and he therefore paid nothing, his share would be very low.

[littlesally]

Kind of what I thought.
She is selling the property to buy something a bit smaller (the house is pretty big) and have money left over to play with.

She kicked him out because she met someone else.
He is angry, hurt, bewildered that not only has she done this, she won't help him with the deposit to rent somewhere.
He's been sleeping on friends sofa's for three months.
He only wanted a couple of grand to help him start out and was hoping that as she wouldn't help he could legally sting her!

Sally x

[Celestine]

He may have some room for negotiation as she is selling. He should potentially consider commencing divorce proceedings and asking for ancilliary relief as presumably, he need somewhere to have the children come to stay.

He would certainly get at least a couple of grand. She is being rather harsh and unreasonable. He is the father of the children after all.

[littlesally]

Her behaviour has been dreadful!
She was my friend, rather than him, but she has been so unfeeling towards her husband I don't want to know her.
She says things like "It's been three months, he should be over it" and expects him to babysit when she wants, says he is being unreasonable and deliberately obstructive if he doesn't.
He has lost about two stone and tried to gas himself in his car - he was dragged out of the car by two passing women. It was a real attempt, he parked off from a quiet road, around midnight. It was only because the womens dog ran over that they saw him.
She coldly says he is attention seeking.

Sorry, went on a bit, but it's strange how some people can change completely!

Sally x

[Celestine]

Sally

Whats this guys financial situation? Is he earning? Is he paying maintenance?

He may get Public Funding to help him commence divorce proceedings. He needs urgent help, at present he is homeless and his rights to his children will be ebbing every week he doesnt have a home and stability.

I believe she would be viewed poorly by the court for her conduct.

Is he staying at/visiting the property when he babysits?

[littlesally]

He is staying with a friend, and has to have the girls over there, she doesn't want him at the house but about to move into a bedsit.
He's earning, a decorator, and paying maintenance - no idea how much.

He wants her back so is scared of making things worse incase she won't, but she won't anyway!

Is he better off starting divorce proceedings before or after the sale of the house?

Sally x

[biscuits]

Definitely divorce now, before she gets the money and absconds with it!
I believe the solicitor may be able to freeze her assets until settlement is made although i may be wrong.
Get him to a solicitor pronto!

[Celestine]

So, he's lost his home, meaningful access to his kids, his wife........and he's still paying for it??

He urgently needs to seek legal help, especially if she plans to sell the family home.

I recommend he joins Families Need Fathers.

FNF Home Page

They will give him practical and legal help, he should attend his nearest meeting asap.

Keep us posted Sal.