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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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, I'm due to get married this year and we plan to start a

Resolved Question:

, I'm due to get married this year and we plan to start a family. I own the house which we plan to live in (£300k value with £200k mortgage). Is there any action I can take to protect my assets? I don't want to have to sell to release the equity, or even worse be forced to move out should the marriage fail.
Any advice you can offer would be appreciated.
Submitted: 2 years ago.
Category: Family Law
Expert:  UKfamsol replied 2 years ago.
and thanks question.
The best thing that you can do is get a specialist solicitor to draw up a pre-nuptial agreement which is signed by both of you.
A pre-nuptial agreement is not legally-binding in the UK, but:-
If both of you provide full financial disclosure to the other
AND you each receive independent legal advice before signing it
AND the circumstances if you ever do come to divorce are not significantly different at that point from what was anticipated when you both sighed the pre-nuptial agreement
THEN if either one of you tried to make a claim to the family court against the other that was significantly different from what was contained in the pre-nuptial agreement, it's unlikely that their claim would succeed.
I think you would benefit from some face-to-face legal advice. Here's where to find a specialist family law solicitor:
http://www.resolution.org.uk/findamember/
I hope this helps and I wish you the best of luck.
Thanks and best wishes...
Customer: replied 2 years ago.

Thank you, ***** ***** not be going the route of a pre-numptual agreement however I am fearful that after a few years (if Children arrived etc) and the marriage didn't work out I could be asked to sell or even leave my home, is this likely to be the case? What would my wife be entitled to at divorce?

Expert:  UKfamsol replied 2 years ago.
again
On divorce, either party is entitled to make a financial and/or property claim against the other. What that would be would depend on each person's needs & incomes at the time of the divorce.
The court has to give first consideration to the needs of any children, so if you have children by then, and if your wife is their main carer, the court would be concerned that she is able to house herself with the children.
The court starts from the position that the assets are divided 50:50, but then looks at reasons why that should not be so eg if one person has a significantly lower income than the other, and/or if one person is to provide a home of the family, then they can argue greater then 50% share eg 60% or 65% or more. The court has the power to order what share of the assets each party should get, and the power to order a sale of property if not agreed, regardless of whose name it is in, if that is required to reach a fair settlement person's needs at the time of the divorce.
But it's not possible to predict exactly what orders the court might make so far into the future as at present it's all hypothetical.
Your best bet is to get a pre-nup drawn up.
But given your concerns that your marriage might come to an early end, I wonder if it might be helpful either together or separately or just you alone to see a marriage guidance counsellor at Relate - they are really excellent on the emotional side of relationships. And you wouldn't need to tell your fiancée you were going if you didn't want to.
Here's where to find a local Relate:
http://www.relate.org.uk/find-my-nearest-relate
I do hope that helps and I would be grateful if you would now kindly rate and accept my answer so that I can be credited time.
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