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agreement to take a property out of the common pot if ever divorce

(4 Posts)
bemybebe Thu 15-Sep-11 18:55:46

Ok MN lawyers, here is a question for you and it may be a very simple 'yes' or 'no', I guess.

In order to obtain favourable tax treatment for a property in one of the EU countries dh and I need to sign an agreement that if he buys an asset (a property) under his sole name I will not lay a claim to it if we ever come to divorce (or vice versa, we have not decided yet). I am happy to do it. Is it possible under the English law? It IS the English law that we need to comply with here. We are already married.

bemybebe Thu 15-Sep-11 19:01:12

btw, the property is not bought yet if it makes any difference

STIDW Thu 15-Sep-11 19:53:23

Sadly there is rarely a "yes" or "no" answer to a legal question and it is usually a good idea to seek professional advice about individual circumstances.. I'm not a solicitor but my understanding is that if you divorce in England & Wales any agreement would be taken into consideration as part of the overall circumstances. The courts in the UK have no jurisdiction in other countries but the value of foreign property could be offset against other assets held here. If you are eligible and divorce abroad the law in that country would apply.

bemybebe Thu 15-Sep-11 20:05:19

that is what i thought STIDW i guess i need to phrase the question properly (including what i would like to achieve)

very useful post, thank you!

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