protecting property investment against divorce

badabing

Registered User
Messages
162
The way things are these days, there is a good risk one will get divorced sometime after marrying. Does anyone know what measures can be taken to protect assets (ie property) which were aquired prior to marriage?
 
Re: protecting proerty investment against divorce

I don't think that you can. The marriage contract means that all assets become assets in common as far as I know and, as discussed on another thread recently, pre-nuptial contracts have no legal standing and cannot abrogate statutory marriage related rights and obligations in Ireland.
 
Re: protecting proerty investment against divorce

Spot trivia quiz: who was the FF goon who went on air at the time of the enactment of the new divorce legislation, muttering about how 'you'd go up the aisle with four acres and come back down with only two...' :D
 
Re: protecting proerty investment against divorce

What are the options regarding trusts etc?
 
Re: protecting proerty investment against divorce

I'm no expert but I don't think that any assets can be "shielded" from one's spouse. This is part and parcel of what marriage is all about.
 
Re: protecting proerty investment against divorce

You could enter into a pre-nuptial agreement - While this has no legal standing, a court may well take it into account when deciding how to split the assets on seperation.
 
Re: protecting proerty investment against divorce

It's a terrible way to go into a marriage with thoughts of divorce and protecting one's assets.

A friend of mine recently transferred an investment property to his trusted brother prior to tying the knot just in case it went pear shaped.
 
Re: protecting proerty investment against divorce

I agree with delgirl. Your marriage is more important than your investment portfolio, or at least it should be. If it isn't then you probably shouldn't be getting married in the first place.
 
Re: protecting proerty investment against divorce

I understand its a terrible and nasty business, however I've right to be that way after getting rightly shafted before. Now to move onto the big question; What are the options regarding trusts etc?
 
Re: protecting proerty investment against divorce

badabing said:
INow to move onto the big question; What are the options regarding trusts etc?
AFAIK, this is a very specialised area, and you really need to take professional legal advice on the matter via your solicitor. From what I know, the costs involved in setting these up are substantial.
 
Re: protecting proerty investment against divorce

Very specialised and to be honest would probably involve off-shore dealings, as I imagine if you had beneficial entitlement to any asset in this country that would be taken into account when divvying up the assets! Or is there someone you trust moore than your intended who would happily relinquish the assets back to you?
I also think that in circumstances where a couple marry for a short time, continue with their current careers and in the absence of children, and where it can be shown that being in that relationship did not harm one career or improve the other career, then there would be very little redistribution of assets.
 
Re: protecting proerty investment against divorce

Purple said:
I agree with delgirl. Your marriage is more important than your investment portfolio, or at least it should be. If it isn't then you probably shouldn't be getting married in the first place.

I doubt anyone goes into a marriage thinking they'll inevitably split up but in this day and age it's prudent to think about these things. A lot of marriages go pear shaped for one reason or another.

Personally, I think we should change the law in this regard. If you own an asset prior to marriage you should keep it. Assets that are built/bought during the marriage should be split.
 
Re: protecting proerty investment against divorce

Gabriel said:
I doubt anyone goes into a marriage thinking they'll inevitably split up but in this day and age it's prudent to think about these things. A lot of marriages go pear shaped for one reason or another.
Maybe people should also apprise themselves of the legal/contractual issues involved in marriage too and not just think about the big day and the romance of it all? I reckon many people don't understand the implications of getting hitched.
Personally, I think we should change the law in this regard. If you own an asset prior to marriage you should keep it. Assets that are built/bought during the marriage should be split.
Personally I disagree and believe that once marriage is entered into then all assets should be pooled. Especially so if there are children involved. But obviously anybody who believes that the law should be changed is free to lobby/campaign for this to happen.
 
Re: protecting proerty investment against divorce

ClubMan said:
Personally I disagree and believe that once marriage is entered into then all assets should be pooled. Especially so if there are children involved. But obviously anybody who believes that the law should be changed is free to lobby/campaign for this to happen.

Children are a good point and (if I were making the decision) I'd say that the law would be amended again if children come into the equation.
Complicated issue though. I'm just not comfortable with the idea that some woman some day could take a chunk out of my millions! :)
 
Re: protecting proerty investment against divorce

Gabriel said:
I'm just not comfortable with the idea that some woman some day could take a chunk out of my millions! :)
Then maybe not marrying is a better solution than changing the law?
 
Re: protecting proerty investment against divorce

Gabriel said:
Complicated issue though. I'm just not comfortable with the idea that some woman some day could take a chunk out of my millions! :)
Or you could take a chunk of hers?
 
Re: protecting proerty investment against divorce

In fairness I'm not religious so marriage is unimportant to me. However it can often be important for women...which is why I suspect most men get hitched in the first place :D
 
Re: protecting proerty investment against divorce

Gabriel said:
In fairness I'm not religious so marriage is unimportant to me.
There is no direct connection between religion & marriage. There are civil weddings which have nothing to do with any religion.
 
Re: protecting proerty investment against divorce

RainyDay said:
There is no direct connection between religion & marriage. There are civil weddings which have nothing to do with any religion.

Fair point.
 
Re: protecting proerty investment against divorce

Gabriel said:
I'm just not comfortable with the idea that some woman some day could take a chunk out of my millions! :)
If the lucky-woman-to-be claps eyes on this thread, she may take a chunk out of something else! :D
 
Back
Top