What’s mine is yours? Top tip 1 for your prenuptial agreement – Property ownership

30th July 2014

Making a prenuptial agreement before you get married can take away some of the financial worry about what will happen to your assets and property if your marriage does not work out.

In this series of blogs, Susan Davies, head of family law at Ansons Solicitors in Lichfield and Cannock, Staffordshire, gives her top 12 tips for what to include in your prenuptial agreement:

Top tip no.1 – Property ownership

As a married couple any property or land you own, even if it is in one person’s sole name, can be redistributed by the court in the financial settlement of a divorce. By making a prenuptial agreement you can agree whether you will each be entitled to keep your own property and how any jointly owned property, such as your home or a holiday property, will be treated in the event of divorce or separation.

Prenuptial agreements are being increasingly recognised by the court as a good reflection of a couple’s intentions towards each other if they separate. You must both take independent legal advice, give full disclosure of your financial assets and neither of you must be under any duress before signing the agreement. The agreement must also be ‘fair’.

For further advice, please contact Susan Davies in the family law team, on 01543 267 190 or Ansons Solicitors has offices in Cannock and Lichfield, Staffordshire.