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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2725
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My daughter is the sole owner of a mortgage free house. she

Resolved Question:

my daughter is the sole owner of a mortgage free house. she will shortly be marrying the man she has lived with in the house for about eight years.
she has no will or prenup. how does she protect her asset?
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:

-When are they planning to marry?

-Do they have any children, if so how old?

-What other assets do they both have?

Customer: replied 1 year ago.
they are marrying on 24th july - just 4 days away!
she has a 14 year old son from a previous marriage
she has two daughters aged 5 and 6 with her partner soon to be husband
Customer: replied 1 year ago.
the 14 year old son lives and will continue to live in the house
Customer: replied 1 year ago.
missed the bit about other assets. they have no other assets.
Customer: replied 1 year ago.
I will shortly be going out for a few hours.
Expert:  Harris replied 1 year ago.

Thank you for confirming. I am afraid that they have a very short time frame before the marriage. She should have considered entering into a pre-nuptial agreement which sets out how assets and finances should be settled in the event of the divorce. However, it is usual that once the pre-nuptial agreement is finalised that there is adequate time for both of them to reflect on the agreement prior to the marriage - which should usually be at least a few months.

In the circumstances she can consider entering into a post-nuptial agreement after the marriage, which is similar to a pre-nuptial agreement but takes place after the marriage.

You should also be aware that under current English law, a pre and post-nuptial agreement is not always 100% binding and the court has the power to ignore such agreement in the event of the divorce if the needs of children or both parties are not met at the time of the divorce.

I hope this assists you. 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 your question without a positive rating. Thank you.

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