After questions about children, the main question I am asked when parties are divorcing is what assets will I receive and how much will I get? It is usual that for most separating couples the main concern in the divorce process is how the parties assets are going to be divided between them. There is no set answer to this question as every case is different.

One way to try and ensure you know what you will receive if you divorce is to enter into a pre-nuptial agreement with your partner before you marry. The agreement can specify what is to happen to your assets if the marriage breaks down. The only problem with pre nuptial agreements is that they are not enforceable in the UK courts at the moment. Despite not being enforceable pre nuptial agreements can be considered by the court and taken into account when the court is deciding how the parties assets should be divided. Case law is mixed in this area with some judges upholding the terms of the pre nuptial agreement and some disregarding them.  It is still better to have one in place rather than not .If you do not have an agreement there is nothing for a court to consider.

Considerable debate has taken place regarding the status of pre nuptial agreements with increasing pressure being placed upon the government to make pre nuptial agreements enforceable. Various conditions would need to be complied with to ensure the pre- nuptial agreement is binding which is why if protecting your assets before marriage is an area of concern for you it is important that you seek the correct legal advice on this area.

If you are already married and do not have a pre- nuptial agreement but  are considering separating it is still  important that you obtain the correct advise on the best way to protect/divide your assets now.

If you want to know further information upon this area please do not hesitate Jennifer Taylor