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plclegal, Barrister
Category: Family Law
Satisfied Customers: 8141
Experience:  Barrister at law
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When a couple gets divorced, what happens to properties 1 of

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When a couple gets divorced, what happens to properties 1 of them used to own? what is the law in the UK about that? Could the person that owned the properties keep them to themselves without sharing with the ex-wife? When kids are not involved? How does that differ when kids are involved? Thanks

Hello, my name is*****’ve been asked to look at this for you, thank you for your patience.

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This will depend on when the property was purchased. The court generally views assets purchased prior to the marriage and those purchased during the marriage differently. The presumption is that if purchased before, it could be excluded.

As with all presumptions though, this can be departed from if the circumstances dictate that it would be fairer to share the premarital assets too. Children would impact on this reasoning, obviously.

Can I clarify anything in particular for you?

Customer: replied 1 year ago.
please, what would be the circumstances to chare those assets if kids are not involved. thank you

With no kids involved, and providing there is enough equity in the marital assets, it should be straightforward to exclude the pre-marital ones. The issue would come if one party has a lot of pre-marital wealth, and the other has very little, with the martial assets being negligible. Then the party with less can make a case for some of the pre-marital assets.

I hope that makes sense?

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