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News & Articles

Osborne Morris & Morgan > News and Articles > Family > Wife’s claim to prenuptial assets

Wife’s claim to prenuptial assets


Posted on 22 Mar 2016, in Family
 

When a divorce case is heard in family court, the judge has wide-ranging powers when making a decision on asset division. One important factor, as married couples in Bedfordshire may be aware, is how long the marriage has lasted. If the couple have been married for over five years, then it is viewed as being a long marriage and the division of assets is therefore more likely to be an equal split between the partners.

In a marriage that has lasted for a long time, even in a situation where the husband had purchased the family residence before the marriage and has always been the sole mortgage and household bill payer, the courts are still likely to award some of the value of the home to his partner, even if she was never named on the deeds to the property. If a couple were married less than five years, then the court would be more inclined to allow each partner to keep the assets that they owned before entering into the marriage.

Other considerations that the court will take into account may include the incomes of each partner during the marriage, lost opportunities that were incurred by entering the marriage and, where there is a young child involved, the financial needs of the primary caregiver following the divorce. Due to the differing circumstances of each couple in a divorce case, there is no fixed formula for calculating exactly how a family court judge will decide to divide the family assets.

A solicitor experienced in divorces involving high value assets may be able to offer a client valuable legal guidance through the divorce proceedings. This might include presenting the court with information concerning how the client’s career was sacrificed in order to care for a child or details of how a client supported their partner in developing their career.

 

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