I have dealt with a number of cases where an older husband in a short marriage faces loosing the home that he has owned for years (many years before the marriage) because his ex-wife wants half. Could this happen to you? Yes it could, even if the house is in your name. In matrimonial law it doesn’t matter whose name the house is in or the mortgage for that matter. The matrimonial home is a special asset and the court can share it equally even in these ciscumstances. However every case is different and has to be decided on its facts. There is no one answer to the problem and you wlll need to take expert advice. However to avoid this problem please consider a pre-marriage agreement. In many circumstances a pre-marriage agreement is recognised by the courts and could prevent you from loosing your home!
AS we know around half of all marriages end in divorce and many people are now marrying later in life, for the second time. A couple entering into second marriage are likely to have assets which a young couple marrying for the first time do not have. A house and pension are not unusual and there are also likely to be children from the first marriage. In these circumstances it a mistake not to think about protecting the assets that you bring to the second marriage. A pre-nuptial or pre-marriage agreement is the only way to do this. If you want to be sure that your pre-marriage agreement will be upheld by the court in the unfortunate event that your second marriage is unsuccessful you should invest in expert legal advice. Make sure that the agreement is prepared by someone who knows what they are doing and has a thorough knowledge of matrimonial law.