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 Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

I purchased my present home 14 years ago when I was a widower.I

Resolved Question:

I purchased my present home 14 years ago when I was a widower.I remarried in Italy 5 years later under the term 'in separation' we both signed a pre-marital agreement and I had previously made a will in contemplation of my impending marriage .My will names my 4 children as beneficiaries .I have a substantial property which I am contemplating selling but before I purchase another I would like to know that my wife does not have a claim now or on my death as she has substantial means of her own .
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Was the agreement made and signed in the UK?
If so did you both have separate legal advice and was it signed at least 28 days prior to the marriage?
Clare
Customer: replied 2 years ago.

The premarital agreement was signed in Italy but not 28 days prior to wedding.

Expert:  Clare replied 2 years ago.
Hi
Is your wife an Italian national?
Clare
Customer: replied 2 years ago.

No she is British but we married in Italy in a catholic church . It was apparently not necessary to register the marriage in England .We reside in Italy approx. 4-5 months a year and the rest of the time here.I am still an Italian national although I have lived in this country since 1949.

Expert:  Clare replied 2 years ago.
Hi
If the divorce happens in the UK - or you die here - then your wife will have a claim on your assets if she choses to exercise it.
If you wish to ensure this does not happen then you need to consider agreeing a Post Nuptial agreement ensuring that no claim can be made
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

I am not seeking a divorce but only want to move home which is in my sole name .This was purchased before I met my present wife .I will require my new property to remain in my sole name as my will is already in place naming my children from previous marriage as beneficiaries.

What I would like to know is ; would the same will be considered safe if I make the move.

Expert:  Clare replied 2 years ago.
Hi
The move will not make any difference, but if the Will makes no provision for your widow then if she decides to challenge it she has a good chance of success
Clare