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Premarital assets, do these get divided

5 replies

Homely1 · 27/02/2016 21:09

Just that really. Do premarital assets get split at the time of divorce?

OP posts:

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Catchuptv · 27/02/2016 22:10

You'd be best to go to a solicitor - but normally everything is divided legally. If you had an inheritance before the marriage - or other money that had been brought in before the marriage - this would normally go to the person that brought the things in.

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OurBlanche · 27/02/2016 22:11

It depends on a few things. Essentially, yes, but if no kids, short duration of marriage, for example, then a court may assign such assets to the individual who brought them to the marriage.

That's the legal meaning of the bit that goes, "with my worldly goods I thee endow".

To find out specifics you would to see a good solicitor, whether you are trying to get at or keep back pre marital assets.

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HeddaGarbled · 27/02/2016 22:46

Depends on individual circumstances. If there are children who need to be housed, that will take priority. The division of assets after that will depend on the duration of the marriage and the potential for each partner to support themselves financially.

So short marriage, some shared marital assets and a youngish person who could get a job to support themselves, partner with premarital assets will probs get to keep all or most.

Long marriage, spouse who is unlikely to be able to earn enough to support themselves, courts will ensure that both people get a fair share (not necessarily 50-50).

Whether you are the one with or without the assets, it is essential that you seek legal advice but also think about moral fairness as well as legalities. Aim for a balance between being compassionate and generous while not allowing yourself to be screwed over.

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BitterAndOnlySlightlyTwisted · 27/02/2016 22:52

In a "short marriage" the courts would generally seek to return the individuals to the financial state they were in before the marriage took place. A short marriage would be one of five years or less. Once you've got children in the mix, all bets are off.

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Homely1 · 28/02/2016 21:42

Thank you so much; I am seeking legal advice. It is less than 5 years and one DC. It's ex that will be looking to screw me, not because I am financially better off, I am not. He is a high earner (as far as I can interprete), but is greedy with no values or morals.