Divorce

[Wes Smith]

Hi all in the event of a divorce I’ve been told that my wife can’t touch the pension that I accrued before we were married, only the part after we were married, is this still the case with equity that I accrued in my houses before we were married? All houses are in my name and I pay all the bills.
i hope you can help, thanks in advance.

[SandraF]

Hi Wes, there is something called pre-acquired assets in marriages, which means the assets you have had prior to marriage may belong to you after separation, however the courts have wide discretion as to how to apply the principles of section 25 factors of the Matrimonial Causes Act 1973 after divorce.. This means the moment you marry, and the title deeds and the mortgages are in your sole name, "home rights" will apply. This means the courts don't care who paid what during the marriage and after separation (occupational rent). There are a lot of questions to be answered before anyone can give a positive answer to your question. What I can say is that when you enter into marriage, all assets that you both have, belongs to the marriage, normally called the "matrimonial pot". The legal position is that the courts can invade pre-acquired assets to provide for "need". Of course, is a very difficult time for you but I suggest you seek legal advice based on this and the lawyer/solicitor will ask appropriate questions and advice you accordingly. Hope this helps and keep us updated so others can learn as well.




Although I am a family lawyer,, any advice given on this forum should be taken as guidance only and should not be applied to your specific circumstances. If you are uncertain as to your legal rights, I recommend that you seek independent legal advice from a lawyer local to you. Good luck

[toddbacklund]

We had a similar situation. Despite this, I filed for divorce and don't regret it. Pension passed to my wife, but I still have a house. If you are very worried about this moment, I advise you to contact a lawyer. We filed an agreed divorce, so we had the opportunity to save money and file for a divorce through the service Online Divorce NY (we are from New York). You can also check for such services in your country because it's so cheapest and simple.

[ostell]

Bit late, the thread is 2 years old and it is UK based.