“I need your advice about my brother and his fiancé… They’re getting married at the end of this year and I’m worried about what a future divorce could mean for him as they’re in very different financial situations.
As well as planning for a wedding, they are looking to buy a family home. My brother will be paying 100% of the deposit, using money he will get from our family trust. The trust also pays him a modest monthly income. And though our parents are in good health now, I think they’re planning on leaving us over £1.5m each in their wills. My brother’s fiancé doesn’t anticipate inheriting anything nor does she have any assets.
Is there anything my brother can do now to protect his money in case of a future divorce?”
Get advice from a family lawyer as soon as possible – long before the wedding or making an offer on a family home…
A pre-nuptial agreement could help to protect your brother’s future inheritance, the family trust, and the trust money he plans on putting into a family home. There are also practical tips he should be aware of, and putting in practice, to help to protect his income and assets now that he is co-habiting - whether he wants to put a pre-nuptial agreement in place or not.
Yes, it can be awkward bringing up the subject of a pre-nuptial agreement in the exciting run-up to the wedding, but it shouldn’t be. If you are the party with the assets to protect, the easiest time to negotiate is before the wedding – not after, when there’s little incentive for the new spouse to engage with the subject. There is also something to be said for starting married life free of any underlying concerns about what could happen financially if there was a break-up.
If you or someone you love may benefit from family law advice, we are here to help.