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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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I have finished paying my mortgage. If I were to marry again,

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I have finished paying my mortgage. If I were to marry again, can a future partner claim half of it, if I were to have another divorce ? If so, would you recommend a pre-nuptial agreement?
Thank you for your question.
My name is ***** ***** I will do my best to help you
If you marry again and the property becomes the Matrimonial home and you are together form more than a few years - AND your new spouse has no other assets (or you have children together) then yes the new spouse will have a financial claim on your assets including the house - BUT not necessarily for 50% of it - not until you have lived together for more than 15 years.
Whilst a pre nuptial agreement is not necessarily binding on the court, if it is signed after there has been full financial disclosure: you have both had separate legal advice; there is proper provision for the "poorer" spouse AND it is signed at least 28 days prior to the wedding then it is likely to be effective.
I hope that this is of assistance - please ask if you need further details
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