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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Lawry Your Own Question
Lawry
Lawry, Solicitor
Category: Family Law
Satisfied Customers: 258
Experience:  Expert
109896623
Type Your Family Law Question Here...
Lawry is online now

My partner and I have been thinking about marriage. Although

This answer was rated:

Hi, my partner and I have been thinking about marriage. Although I would like to wait a bit longer, he is in the UK on a visa and this runs out later this year. I would marry him tomorrow but I am worried about money/ inheritance. My father has around 15 million £ in properties / savings. I have my own flat that is worth around 300k and a car with around 20k. I know my parents would kill me if I didn’t get a pre nup but I understand they have no legal standing in the UK. As I own my flat now, I’m guessing if we ever got divorced, he can’t take half of he agrees to not have any of it in the pre nup, but I don’t have any inheritance yet and hopefully won’t for several years ! But that’s another worry. Please advise Re getting a pre nup and other options/ things I should do

Hi,

My name is ***** ***** I will try and help you today.

Although pre-nups are not fully binding on the courts in this country if you have one and it is reasonable and both parties received independent legal advice before signing it the courts will more that likely uphold it as the desire of the parties.

I suggest you make a pre-nup and if you contact the Law Society on 0207(###) ###-####and they can recommend local firms who can help with this.

Otherwise, in the event of a divorce, if your husband applies to the court for a financial settlement the courts will view the whole picture based on the financial needs and requirements of the parties.

Although the starting point will be a 50/50 split of the matrimonial assets, the court will apply the criteria set down in section 25 of thew Matrimonial Causes Act 1973.

These are:

(a)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;

(b)the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;

(c)the standard of living enjoyed by the family before the breakdown of the marriage;

(d)the age of each party to the marriage and the duration of the marriage;

(e)any physical or mental disability of either of the parties to the marriage;

(f)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;

(g)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;

(h)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.

Generally, an inheritance is considered separate from the matrimonial assets but i order to protect it you can put the funds into a trust.

Customer: replied 13 days ago.
Okay thank-you

You are welcome.

Lawry and other Family Law Specialists are ready to help you