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Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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please help me,im getting married very soon and need to know

Customer Question

please help me,im getting married very soon and need to know the answer to this question.The house we live in is all mine and i inhertied it from my parents,its in my name alone and all paid for before i ever meet him,would he be entitled to any of the house if in the future we were to divorce,he has not put in anything apart from daily bills into this house
Submitted: 3 years ago.
Category: Family Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Do you think your fiancee would be prepared to enter into a pre nuptual agreement with you please or in deed would you want to do so?

Customer:

no dont want to do that

Joshua :

Thanks. If you do not enter into a post nuptual agreement before the wedding or in deed a post nuptual agreement after the wedding then your future spouse may have a potential claim against your assets in the event of a divorce and of course you against his.

Joshua :

In the event of a divorce the courts can divide matrimonial property in a way that the consider fair between the parties. What is fair will be dependent upon the circumstances which can be many and varied and as to wether there are children and so on. Property will not always be split 50/50...

Joshua :

If a marriage has been short then it is more likely that a court will award an unequal division dependent on the circumstances however unless a pre nuptual agreement is entered into it is not possible to say that your future spouse would have no claim against the property. Pre nuptuals agreements do now however have legal weight and in subject to children being involved can largely guarantee that your future spouse would have no claim against your property provided they are entered into correctly.

Customer:

i cant read this properly ,how do i make this page bigger

Joshua :

I hope you are not having difficulties. You may be able to use CTRL +?

Joshua :

Is there anything above I can clarify for you?

Customer:

there are no children involved,we have been together 14 years,he has money so i would be entitled to that if we got divorce,sorry im just panicking at the upcoming marriage,we are 52 and 70 ,so should know what we are doing

Customer:

how much would a pre nuptual agreement cost anyway

Joshua :

The general rule is that for a short marriage , if divorcing, each party goes out with what they brought in with assets being acquired during the marriage being considered for division. However the longer the marriage the more each party would be entitled to a potential share of the others assets whether acquired before the marriage or not. Consideration can be given in respect of cohabitation prior to the marriage and taken into account by the courts as will each others finaincial circumstnaces.

Joshua :

You can get them online for very little (e.g. http://www.lawpack.co.uk/cohabitation/product1688.asp) however it is best to do them through a solicitor as you can go wrong with them. You can expect to pay anything from £200-600 + VAT on average

Joshua :

Also remember to update your wills. If you both have families of your own it is important to make sure your wills work as you wish or the family of the first to pass away could potentially be significantly disinherited.

Customer:

ok,so what you are saying is that probably my house would be safe and only if there are assets aquired during the marriage that would be divided up

Customer:

wills have already been put in place,

Joshua :

For a short marriage the house would probably be safe for the first few years. After that it becomes increasingly difficult to say as the courts will take into account all circumstances at the time of a divorce and have large discretion. If you are concerned to protect against this the only reliable way to achieve this is by a pre nup. If your fiance is a person of means of course a claim against your assets may be less likely but

Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any further?

Joshua :

I must apologise - I have to step into a meeting with a client. If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though - with your permission I shall respond to you as soon as I am finished in my meeting (circa 45 mins I would hope).

Customer:

no thanks,

Joshua, Lawyer
Category: Family Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

So is it safe to make a pre neptual agreement after you have infact married,or whatever it would be called


 

Expert:  Joshua replied 3 years ago.
one can only make a prenuptial agreement before one is married however one can make a postnuptial agreement which has much the same effect after marriage however you must consider of course that your then spouse could at that stage refuse to enter into such an agreement. therefore, if there is any concern that he may so refuse, a prenuptial agreement can potentially be better.
Customer: replied 3 years ago.

would the cost be the same

Expert:  Joshua replied 3 years ago.
Yest there shouldn't be any significant costs difference between a pre nup and a post nup as the process in terms of the amount of work involved is very similar.

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