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Ask Harris Your Own Question
Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2727
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I been marry month, things does not go well, how can

Customer Question

I been marry for two month, things does not go well, how can I protect my self ligally not loos half of my property, because my husband have no were to live? Thank you
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your further question. Just because you are married does not mean that he will be able to have half of your property. When you come to divorce, financial settlements will be considered by the court and assessed based on the following:
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.
As stated in my other post, you should attempt to enter into a post-nuptial agreement which sets out issues such as assets.
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Expert:  Harris replied 1 year ago.
Hi, this question remains open. Please rate my response positively if you found it helpful - I will not be credited for answering this question without a positive rating. Thank you!