Pre-marital assets

jml1949

Registered User
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8
My friend's marriage is in a pretty bad way and separation/ divorce is potentially on the cards. I have advised her to get proper legal advice on what her rights etc would be should things go that way but I'd be interested in hearing from anyone on here in relation to the following matter.
Prior to meeting her husband,my friend owned her own house ( in her sole name) and was in business in her own right. They have recently purchased,by means of a joint mortgage, a house,in which they now live. This house is in joint names.
My friend's original house and business is now up for sale. The question she has is this: Given that both the house and business were owned solely by her before she met her husband and have remained so, does her husband have any claim and/or entitlement under Irish law , at any time ,to the sale proceeds of those two assets? Many thanks for your help.
 
"does her husband have any claim and/or entitlement under Irish law , at any time"

Yes.

In a marital case, all assets whatsoever and wheresoever, available to either party go in to the pot.

It does not mean he automatically gets any of the additional money but it certainly is in there.

mf
 
Thanks for that MF. It seems very unfair that he should potentially gain from assets which existed before the parties knew each other, which he has never owned and to which he did not in any way contribute. I appreciate that it may be "the law' but it does appear in this situation to be " bad" law. So basically,a beggar on the streets could marry a millionairess and as part of any divorce settlement, it is possible that he could get his hands on her money.
Would you be able to point me in the direction of the relevant legislation please?
 
I dont like to disagree with mf1 who certainly knows more about this than I, but it seems to me that she overstates the case.

Is the situation more like, she owns those assets which were hers before the marriage, but on the dissolution of the marriage a court may award make an award to the husband, (or may not) and she might have have to pay any such award from her assets.

The court would of course take her level of wealth and the husbands into consideration, among other things, when deciding on any award.
 
Thanks for your viewpoint cremeegg,which certainly seems a more logical one (but then, the law isn't required to be logical!). Does the law require her pre- marital assets to be taken into account when assessing her ability to pay any award to her husband I wonder? Does anyone know the answer to that question?
And what about any debts which the husband incurred pre- marriage and which still subsist at the time of any separation/ divorce? Is my friend also expected to bear her share of them?
If anyone ( mf1 included) can tell me which legislation deals with these questions/matters,I'd be really grateful if you could let me know,so I can read it for myself ( I am not unfamiliar with reading and interpreting legislation, having had to do so in my job prior to retirement). It seems inherently unfair that a woman ( or man for that matter) who owned assets prior to marriage, should potentially have to share those assets with someone who had no part in their acquisition.
I look forward to hearing any more views/opinions on this question,from members. I'd love to be able to give my friend a definitive answer.
 
Here is the relevant legislation.

http://www.irishstatutebook.ie/eli/1989/act/6/section/20/enacted/en/html#sec20

"Does the law require her pre- marital assets to be taken into account when assessing her ability to pay any award to her husband I wonder?"

Yes.


" It seems inherently unfair that a woman ( or man for that matter) who owned assets prior to marriage, should potentially have to share those assets with someone who had no part in their acquisition"

Shouldn't get married so!

"I'd love to be able to give my friend a definitive answer."

The answer is yes, all of both of their assets go in to the pot on separation.

Only a solicitor experienced in matrimonial law will be able to tell her, based on the particular circumstances of the parties, what a court is likely to do.

Tell her to go and talk to a family law solicitor.

mf
 
One of the vows in certain jurisdictions

"With this Ring I thee wed, with my body I thee worship, and with all my worldly goods I thee endow"

mf
 
The legislation has been given to you by a well respected poster.

You have also been given the simple english translation, which in law can be rare.

Your friend's solicitor will confirm the advices given here.

Everything goes into the pot and in the absence of agreement on sharing, a judge will decide. The input to the pot is take into account, but the input can and will include more than the simple assets. If a spouse/partner gave up other opportunities to devote time to the marriage, then that loss is taken into account. It could mean that a spouse cares for children, rather than pursuing a career outside the marriage.

Life and marriage is not fair.

Love, love changes everything!!
 
Thank you for all your individual input,which has been extremely helpful. If I might prevail upon you a little further, my friend purchased a property for and which she gave ownership to,her daughter who,at the time,was getting married. Am I correct in thinking that this house would not form part of the assets taken into account because legal ownership is in her daughter's name?
My friend also has a son,who is now engaged to be married. If she used any or all part of the proceeds from the eventual sale of her business,to purchase a property for her son,so that his name would be on the deeds ( as in Daughter's case), would that property be similarly excluded or is it possible the court would " look through" the arrangement?
 
is it possible the court would " look through" the arrangement?

Yes.

Deliberately divesting themselves of assets to avoid proper settlement

mf
 
mf,thankyou, I thought so. It is similar to the situation in the UK where a person offloads assets in an attempt to avoid (or reduce the cost of) paying for residential care.
 
If they were only married a year or so and there were no children than it's likely it would be court ordered she keep the assets.

But two people who have spent a lifetime together, had children and where the monies are mixed and one does a business and the other does something else, well it behoves them to act well in divorce and try to ensure that both stay in the lifestyle to which they have become accustomed.
 
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