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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1171
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Hopefully you will be able to help me please. I have been

Resolved Question:

Hi hopefully you will be able to help me please. I have been married for 7 years I am buying a property, my husband is not contributing to the purchase. Is there anything I can do to protect myself if there is a divorce
Submitted: 17 days ago.
Category: Family Law
Customer: replied 17 days ago.
If I get him to sign a document That he has no legal or equitable interest in the property and should not be taken into consideration as a marital home will this document be held by the court as a legal document
Expert:  ukfamilysolicitor replied 17 days ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- what are the other assets for both of you including pensions?

- what are your respective incomes?

- any minor children?

- where are the monies towards the purchase coming from?

kind regards

Caroline

Customer: replied 17 days ago.
Hi I am employed he is self-employed. My earning is more than what he declares. We have no joint assets or accounts. We have a 5 year old daughter. Money for the purchase is a comibnation of what I have saved before marriage and after marriage from my earnings
Customer: replied 17 days ago.
He has no pension. I earn £26k he declare 11k
Customer: replied 17 days ago.
Hi can I please get advise in writing. I cant afford a phone call
Customer: replied 17 days ago.
Hi Caroline can you please help
Expert:  ukfamilysolicitor replied 16 days ago.

Hello

Thank you for your responses.

Please do accept my sincere apologies for my delay in responding to you as I was not available yesterday evening.

You can ignore the pop ups for a phone call as they come automatically from the site.

I have to be honest with you and tell you that if you were to divorce then all assets for both of you would be included as part of discloure and division for matrimonial finance proceedings. It does not matter whose name the assets are in or who has contributed to the same when you are married. The normal rule for division for long marriages, considered to be over years is equality.

What you need to know is that there is no agreement at all that can bind a future family court Judge deciding the issue of matrimonial finances. Family court Judges have a really wide discretion and they make orders on the basis of meeting the parties needs but in particular your daughters needs.

The best solution I can offer you is a post nuptual agreement. This is an agreement that you sign by deed with the intention that it will become legally binding. As stated above this is not legally binding on a future family court Judge but Judges can order in line with the same if they consider the same to be fair and if you and your husband both had full and frank discloure as to the assets and also both have independant legal advice in relation to the agreement and its effect. This is by no means full proof but is the best option available to you.

Please do let me know if I can assist you further

kind regards

Caroline

Positive feedback is gratefully received

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