• search
  • Start My Divorce
  • Our Reviews
  • About Us
  • Case Login
  • Blog
Call us now on: 01793 384 029 Chat with us on live chat | Mon - Fri 9am - 5pm
Contact Us

How to protect your assets before marriage in the UK

Significant assets will often be brought into a marriage by either the husband or wife, especially as more people are now getting married later in life.

Parties entering into the marriage may have inherited assets or simply accrued them over many years before getting married.

But can these pre-marital assets be protected in the event of a divorce and if so, how can it be done?

    Request a Free Callback From Our Experts

    Name*

    Phone Number*

    Email Address*

    When To Call*

    Frequently Asked Questions

    Can you keep assets separate within a marriage?

    In order to reduce the mingling of assets, it is possible to try and ringfence certain pre-marital assets by keeping them completely separate from all matrimonial finances, eg. in a separate bank account.

    However, doing so will not guarantee that they will not be taken into account by the court as part of the overall matrimonial pot, especially in longer marriages.

    Can I put my assets into a trust to protect them?

    Although putting assets into a trust can potentially protect them to some degree in the case of divorce, this very much depends on the individual circumstances.

    If the trust is considered by the court to be a ‘nuptial settlement’ then the court will have wide-ranging powers to vary the terms of the trust to benefit either spouse in the divorce.

    It is less likely that the court will interfere with a trust which was established by one party before marriage and which had nothing to do with the other spouse.

    Can my estranged or ex-spouse make a claim against any money I inherit?

    If one former spouse inherits money after getting divorced, their ex-spouse may potentially be able to claim a portion of the inheritance, even many years after the divorce.

    One way to help prevent this type of claim is by obtaining a clean break order from the court.

    Parties looking to protect their assets before entering into a marriage can draw up a prenuptial agreement, however, if you are married and want to protect your assets as part of the divorce, you need to have a solicitor draft you a consent order.

    How we can help you

    Protect your assets with a prenup

    OR

    Get help splitting your finances

    Form – Callback Request Form

      Request a Free Callback From Our Experts

      Name*

      Phone Number*

      Email Address*

      When To Call*