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post nup/deed of trust

(3 Posts)
groundhogday79 Tue 15-Mar-16 19:37:59

I own my own home and am planning on buying with my husband. We married in February 2015. I will be putting around £60,000 into joint purchase. How do I protect this? He didn't enter any financial agreement with his ex wife on divorce.

Familylawsolicitor Wed 16-Mar-16 08:55:08

Most certainly take advice about a post nup. A conveyancing solicitor may suggest a deed of trust but these are frequently overridden in a later divorce as the court retains wide discretion although it would help.
A deed of trust would protect your share from your husband's ex wife if that is your main concern but not necessarily against your husband if the two of you split in the future.
Post nups do not have formal legal status as binding in this country but if drafted correctly following certain safeguards may be upheld by a court in a later divorce.
You both need to have independent legal advice
You both need to be fully aware of all the other's financial circumstances (this means a schedule of assets, debts, pensions and income attached to the post nup)
No undue pressure to enter into it
Intervening events can mean a post nup is no longer likely to be upheld so should be reviewed and renewed every 3-5 yrs and eg after the birth of a child or significant change in income status.
The post nup must provide for the basic needs of the parties and any children. If it does not a court is not likely to follow it.

In the meantime your husband should look at formalising the unresolved financial claims between him and his ex wife

Collaborate Wed 16-Mar-16 09:10:38

Thoroughly comprehensive summary from Familylawsolicitor there.

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