What’s mine is not necessarily yours

8th March 2015 by

Just as a person may seek to protect a family heirloom, property or inheritance upon death by making a specific clause in a will, a spouse can protect such items in the event of a divorce, by seeking the advice of solicitor to help them draw up a marital property agreement (otherwise known as a pre-nup or post-nup).

Healys’ family solicitors in Brighton and London can help you protect valuable items, especially if they were not gained during the life of the marriage or were specifically gifted to you. We have the experience and expertise to enable the drafting of a document which the court can use to help decide fair settlement in the event of a financial claim on divorce.

Marital property agreements to protect treasured items

If you are about to get married or enter into a civil-partnership agreement, it is important to realise that you will share rights to jointly-owned property, such as a house you buy together or a business you build together.

Plus, if you gain an asset during the lifetime of a relationship, your spouse could lay claim to it in the event that your relationship breaks down.

By drafting a marital property agreement either before or after the ceremony, if your circumstances change, you can effectively indicate that certain items of property and assets are yours and should remain yours in the event of a split.

For example, if a husband inherits a family property and his wife moves into the property so that they can have children and live there together as a family, in the unfortunate circumstance of a relationship breakdown and subsequent divorce, a court may rule that the wife is entitled to a share of the value of the property and this may mean that the house would need to be sold.

Further, if a spouse inherits a sum of money, for instance as a result of a family bequest, if that sum is put into a joint account, the money would become marital property and would be divisible upon divorce.

Rather like one would signify specific actions in a will, for example leaving a particular painting to one child and a certain piece of furniture to another, so a well-drafted and negotiated pre or post-nuptial agreement can help to decide who gets what in the event of a divorce and can help mitigate the expense and heartache of a future financial settlement claim.

Call Healys’ family solicitors today for legal advice on marital property agreements

For a prenuptial or postnuptial agreement to be valid, each party to the agreement has to be seen to be making an informed decision to limit their future financial claims. Each would-be spouse or civil-partner needs to be represented by a separate solicitor or lawyer and each must voluntarily provide the other with full details of their financial position.

Healys’ team of family solicitors in Brighton and London are highly experienced in the successful drafting of marital property agreements and our many years of advising couples has taught us that each individual situation is different. Healys can help by listening sensitively and giving you straightforward legal advice so you can weigh up what will work best for you.

If you wish to speak to a solicitor in Brighton please call 01273 685 888 or email an enquiry to family@healys.com

Alternatively the family law team in London can be reached on 020 7822 4000. We look forward to helping you.