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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Madam I would like to protect my assets already

Resolved Question:

Dear Sir/Madam
I would like to protect my assets already being in marriage. I have been married for 4 years and we do not have prenup. What can be arrange in such case?
Many thanks in advance!
Kind regards,
Julia
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. In the circumstances you are able to put in place a post-nuptial agreement - this is similar to a pre-nuptial agreement and is basically one that is set up after the marriage. It will deal with what happens in relation to assets in the event of a divorce. You should be aware that in England, a court will consider pre-nuptial and post-nuptial agreements, but these are currently not 100% binding in law and a court can overlook these in the event of a divorce if the needs of you, your husband or your children are not met.If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 1 year ago.
Dear HarrisThanks for your response!
Does such agreement protects me from my husband's creditors in scenario when we are married?
Expert:  Harris replied 1 year ago.
No, the post-nuptial agreement cannot protect you from creditors and is only an agreement about how finances are dealt with in the event of a divorce. In relation to creditors, they cannot pursue any of your assets if your husband defaults, although they can pursue his share of any joint assets.
Customer: replied 1 year ago.
That's a great news for me! We do not have any joint assets, only assets on my name. So, technically if any negative court order would be issued on husband's name, I am not next in line to satisfy it?
Expert:  Harris replied 1 year ago.
No - you are not liable for his debts unless you are jointly names on them.However, if the debts were for matrimonial or household expenses, then he can seek that you share the costs if an financial relief application is pursued to court as part of the divorce.If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
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