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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35042
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My sister is about to get married to a man who has had some

Customer Question

My sister is about to get married to a man who has had some financial difficulties in the past. My father has some concerns due to the fact that he has quite a lot of money tied up in businesses and properties. My sister has a lot of shares in my dad's business, and also owns half of the property that he has bought. The questions I would like to ask are
1)What rights would her husband-to-be have in the event that they divorced?
2)If she transfered these business shares are property back to my father, would herhusband-to-be have any rights to these then?
3) If she transfered the above to myself, then would he have any rights to anything?
4) Are pre-nuptual agreements legally binding?
5) If he goes bankrupt once married, will she be able to keep her financial status seperate, or will she 'go down with him'
(Ps he is from Northern Ireland, she is from England)
Many thanks
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question I shall do my best to assist you.
1. The longer that she and her husband are together the larger the possible claim that he may have - but they would need to be together for many years to make a substantial claim possible
2. Not if it pre dates the marriage
3. Not it if pre dates the marriage
4. Not always, however if both parties are separately legally advised, there has been full financial disclosure and it is signed at least 28 days prior to the marriage there is a good chance that the court will accept it
5. His creditors would have no claim on her assets.
I hope that this is of assistance - please let me know if you have further queries