Divorce Property

Buying property before divorce is finalised

Question: My wife and I are separated and have sold our marital home. We were going to go through an uncontested divorce but she has decided to make things difficult. All I really want to know is, how can I go about buying a new property and protecting it from her being able to claim anything from it when we finally do divorce?

Answer: Best advice is to get the divorce sorted before committing yourself to a mortgage / any transaction you might not be able to afford

The divorce courts look at the party's finances at the date of the case coming before it. Arrangements made on separation may be of interest, a persuasive factor even, but they are not binding

A few years ago we dealt with 2 situations. The couples split in 1994 and 1999 respectively. Both signed a formal Deed through solicitors setting out their proposed arrangements. In both cases, the wife started divorce proceedings in 2004. We acted for the Husband in both cases

The 1994 Husband was lucky. His wife stuck by their Deed and it was just a question of getting the Court to seal a Court Order incorporating its terms

The 1999 Husband was not so lucky. He had done rather better for himself and the wife had not. She wanted a share of what he had made after they had separated. It took him [and us] a year, several court appearances and some £10,000 legal costs before she gave in and accepted the position as per their Deed

We cannot tell on the information that you mention whether your proposed is reasonable and likely to be upset by the courts - it depends on your ages, health, assets and liabilities income and outgoings, pensions, inheritance prospects, borrowing capacities, children and other dependants

If you are buying a 5 bed £1m house, this might be quite justifiable in all the circumstances but, on the other hand, buying a 2 bed £150,000 flat might be quite unreasonable if you are using up the greater part of the 'matrimonial pot' to be divided

We suggest a fixed fee meeting to examine your chances of persuading a judge that he should not make an order which will have the effect of making you sell your new property soon after you have bought it

Related topics you may find useful:

Divorce trust funds
Unmarried couples and property
Deeds of separation
Conduct in divorce
Divorce  - maintenance pending suit
Equality

 

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