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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1096
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I am getting married next year - I am sole owner of my flat

Resolved Question:

I am getting married next year - I am sole owner of my flat (with a mortgage) - if possible I want to avoid a pre-Nup document - is there another document available that my partner would sign to say that I own the flat and she did not contribute to any of the funding of this property.
Secondly to protect myself in case of future divorce - should I continue to pay 100% of the mortgage to show she had not contributed.
Overall I just want to protect my own money and my parents contribution when I purchased this property - I have signed a Deed of Trust - but friends say this is not enough and I need my partner to sign a document to say she has made no funding of this property.
So is any document available online that protects me. Any advice welcome.
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your question. I am a Solicitor and am able to help.
I note that you are getting married next year and that you are seeking to protect the interest in your property.
I note that you already have a Deed of Trust. Unfortunately Deeds of Trust are likely to be superseded by a marriage.
In relation to the matrimonial finances - the legal position is not based upon who contributed to what - when you are legally married. It does not matter if you pay 100% of the mortgage when you married - she would still have a claim.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs etc. The length of the marriage and future care of any children would also be considered.
I note that you have previously considered a Pre-Nup. This might quite well be the best option available to you to seek to protect your assets. Pre-Nups are not legally binding in the UK but a Judge could consider and rule in line with a Pre Nup. To give yourself the best chance of a Pre-Nup being followed by a Judge then you would need to provide your wife with full disclosure as to all your assets. You wife should also have the opportunity having independent legal advice before signing the Pre-Nup so that she understands what it means. Judges will also need to consider that a Pre-Nup is fair given all the circumstance - for this they will look at factors such as the length of a marriage and if they are any children - the future needs of those children.
Kind Regards
Caroline
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Expert:  ukfamilysolicitor replied 2 years ago.
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