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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2828
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Are the assets I had before my marriage fully my own, so not

Resolved Question:

Are the assets I had before my marriage fully my own, so not subject to being shared in the event of divorce?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are you in England or Wales?
-How old are you both?
-How long have you been married?
-Do you have any children together, if so their ages and proposed arrangements?
-What assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

Customer: replied 1 year ago.
I am not married yet, I am interested in the answer in principle.
I have a lot assets she has none right now.
Expert:  Harris replied 1 year ago.

Thank you - it would depend on the circumstances at the time of the divorce, but even if the assets were owned prior to marriage they are not necessarily outside of the scope of any financial orders.

Upon divorce, the court will consider the following criteria when deciding how to divide assets:

1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

In the circumstances, given that you have assets and she does not you should consider entering into a pre-nuptial agreement which outlines how matters are settled in the event of the divorce. In English law these are still not 100% binding, but as long as the necessary criteria is followed they will hold weight when a court considers any financial application.

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

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