How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joshua Your Own Question
Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

My fiancé and I want to get married. However,I have an excellent

Resolved Question:

My fiancé and I want to get married. However,I have an excellent credit history, my own house and little debt. He has overdue debts and bad credit from a few years ago. If we marry how will this affect me and my credit, is there any pre agreements we can make to avoid me being affected by his bad debt? He is willing to sign whatever necessary?
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask if you intend to make him a joint owner of your property please or open any joint accounts together of any kind?

Joshua :

I am about to step into a meeting. If it is not convenient to respond right now, could we resume in circa 30-60 mins? I look forward to hearing from you on the above in any event.

Customer:

Thank you for your swift response. No I have no intention of making him a joint owner, bank accounts or otherwise. However, I would be changing my accounts to my married name, I don't know if this makes a difference?

Joshua :

My apologies for the delay in reverting to you. Thank you very much for the above.

Joshua :

May I ask one final question - do you have any concerns or would you wish to protect against potentially any furture claims by your fiance on your own assets as given what you say there may be a disparity of relative wealth in your favour?

Customer:

Hi

Customer:

My concerns are that I don't want my credit to be affected by his debt

Customer:

I don't want to be prevented from getting credit in the future if necessary because I am associated to him by marriage

Customer:

and if he is permanently residing at my address, will this present any problems with his debtors etc?

Customer:

In answer to your last point, I would like some kind of protection for the future if we get married (I hope it all works out happily ever after, but I am also a reaslist!). What entitlement would he have to my properties and assets, i.e 50% of my property value etc.

Customer:

I was under the impression that pre nups were not worth the paper they were written on in this country? ... but this was not a legal experts advice..

Joshua :

Thanks. You will not be financially linked because of your marriage for credit purposes. The only ways you can become associated persons for credit purposes is if you open a joint financial product together - e.g. a mortgage, bank account, loan etc. Providing you do not open a joint account your credit report will be unaffected by him living with you or not, husband or not.

Joshua :

However if you marry, he may have a claim against your assets in the future. For short marraiges of less than a few years, this would normally be restricted to assets you have acquired during your marriage rather than before however for longer marriages then this can include assets you obtained prior to your marriage. Pre nuptual agreements do now have a good deal of legal weight following the recent Radmacher case providing they are prepared properly through a solicitor. If you wish to afford yourself some measure of protection against the above potential exposure consideration may be given to a prenup agreement.

Joshua :

Is there anything above I can clarify for you?

Customer:

No, you have really helped me thank you. Could you recommend anyone in particular to proceed with a pre nuptual agreement?

Joshua :

A pleasure. Yes you can find someone local to you with the relevant specialisation using the following link:

Customer:

I must sound really cynical....

Joshua :

http://www.resolution.org.uk/findamember/

Joshua :

No I do not think so. If you see the other side of marriage as often as a family lawyer does pre-nups make sense on the basis that it is a statistical fact that not all marriages work out though of course many do. Hopefully you will never need to fall back on one though and I hope you have a wonderful day.

Customer:

On this link you have given me, do I select 'find an accredited specialist' as the other options don't appear to be the option?

Customer:

Thank you, XXXXX XXXXX help.

Joshua :

"Find a family lawyer" should find you someone local that can assist.

Joshua :

A pleasure.

Joshua :

If I can assist any further as the situation develops please do no hesitate to let me know.

Customer:

Thank you, XXXXX XXXXX great day!

Joshua and other Law Specialists are ready to help you