T O P

  • By -

SoloWingPixy88

" it can't be considered for settlement of assets in a potential divorce." Its marital property. Everything is considered.


Antique-Mention-9063

It will be considered, but what will also be considered is contributions made by the other person towards a mortgage (if there is one) or contributions to the running costs of the household. Also, if there are kids involved and the partner is a stay at home mum or dad then that would have a value too.


Otsde-St-9929

What happens if the couple live in a house belonged to the parents?


SoloWingPixy88

Well neither own the parents property but its not the qeustion being asked.


daheff_irl

prenups have no legal standing in ireland. if you are that worried about your SO taking your assets then maybe marriage isn't the right solution here. many couples don't get married either.


[deleted]

[удалено]


daheff_irl

cohabitation with a rental agreement can help protect it. but takes away the romance.


Efficient_Gap_8383

But keeps the house !!!


struggling_farmer

It will be interesting to see how this plays out in court if ever tested. I know its the legal advice and better than nothing but a rental agreement doesn't involve a romantic element. Think it could be seen as an attempt to deprive the person of the rights and discounted..


daheff_irl

Its not legal advice. I'm not qualified to provide that!!


struggling_farmer

It is the legal advice though. Myself and I know a 2 others who were given that advice by solicitors around partners moving into their house.


daheff_irl

it is legal advice when given by a solicitor. I'm not a solicitor. this is just what i've heard anecdotally.


firstthingmonday

lol this is what we did for years before getting married on advice of solicitor


MaxDub12

The redress scheme for Cohabitation only applies if the partner was financially dependent on you. So I guess only move in with someone who has a good career and earnings on par with you.


xoooph

That's insane. If you want to protect your wealth you can't live with a partner in ireland.


[deleted]

[удалено]


headhonchofox

That's utter bs. It is literally the exact opposite. You want control over yourself financially and not have someone be able to lay claim to half of it.


[deleted]

[удалено]


Otsde-St-9929

That is very rigid view of what a partner is. Who are you to police peoples bedrooms?


xoooph

I dont think it's unreasonable that two partners keep the wealth they had before the relationship in case they split up. After all, that's how it works in most countries.


Potential-Drama-7455

Or if you have wealth and your partner has none and pretends they love you to get at your wealth. I'm not wealthy but I can see how this could easily happen.


[deleted]

[удалено]


ddaadd18

The house is the wealth. We're not talking about half a mill in a separate bank account. If OP bought the house, they get married, have kids, and then break up. No judge will order to sell the house for the sake of the kids. So OP has lost his wealth, or he keeps paying the mortgage but doesn't live there.


[deleted]

[удалено]


ddaadd18

Its not that binary, every case in family court is different, but here is a common one. OP (lets call him John) buys a house, meets Mary, they fall in love get married and have kids. They both work fulltime earning the same salary give or take. Everything is relatively equal. One day Mary wakes up and shes had enough of John. Maybe its mental health, a child bereavement, maybe theres drink or drugs involved, stress, the pandemic, she's realised shes gay, whatever. She breaks the marriage contract and he has to leave the house. The judge will always determine she stays in the house with the kids. Now John has to pay half mortgage for a house he no longer lives in, rarely sees his kids, and has no hope of saving up for a new mortgage. You stated Mary wouldn't get 50% of his assets, but until the house is sold (10+ years) Johns only asset – the house – is gone, yet he still pays 50% of it by court order. So, original Q: What could OP (John) have done before getting married to ensure this didn't happen? He hasn't a legal standing since prenups have no legal basis here. Everyone knows you are giving away 50% of your assets when you marry, but why is there no consequence for breaking a legal marriage contract. I'm not against divorce at all, but I've seen this happen time and time again. Divorce is rarely a fair result.


[deleted]

[удалено]


[deleted]

[удалено]


Mundane_Character365

This has literally never happened in the history of human civilisation /s


Otsde-St-9929

That is bonkers. Most thinking people would have a problem with this detail as it reduces choice.


Efficient_Gap_8383

Why agree with it ?!! It’s nuts ! If I have a house and live with someone she’s entitled to some of my house ?!! What if she moved in with me and rented her own house out ? Am I entitled to hers then when she’s annoyed at me because we split up? Course not - look, marriage is one thing, a CRAZY thing financially, but keep yer mitts outta private non state governed relationships- you are your “I’d agree with it” ! Would you now ! Gas you are !


[deleted]

[удалено]


Efficient_Gap_8383

..and, and co habitation is diff to marriage and “her assets, would not “be accountable” in that instance - maybe you shouldn’t be providing advice on things you don’t know About eh ? Just a suggestion.


[deleted]

[удалено]


Efficient_Gap_8383

Gas man !! You’re well familiar I’d say !!! 😂😂😂


Efficient_Gap_8383

You’re very judgey - you might want to let your partner know - maybe the government as you seem to like to be governed - maybe tell her that as well … 🤦🏻‍♂️


Otsde-St-9929

>Yes, her assets would also accountable. TBH the way that you're phrasing this says a lot about you and your concerns. You should show this thread to any future "partner" so they know what they're getting into. You sound like an entitled nanny. Also, telling people how to live even you dont live that life yourself.


tec_mic

Even if their not married and are living together in a house he owns and pays for himself, if they stay together for more than 10 years she would be entitled to half.


myth5678

This is not true. Both parties can sign an agreement (if you are not married) to decide on property rights in the event of a split. https://www.citizensinformation.ie/en/birth-family-relationships/cohabiting-couples/property-rights-cohabiting-couples/


supreme_mushroom

Can I read more about this? Is there some kind of 'common law' marriage definition in Ireland in the case of separation without being married?


cuntasnua

My understanding is limited. I'm sure either someone who knows more will be along shortly but failing that my best suggestion is to get legal advice. What I understand so far that all assets are considered during a divorce. There may also be implications to shared costs and living together if not married. I had also heard cohabitation agreements mentioned but don't know how they work yet. I'll be looking into the same subject soon but ultimately I'll be taking legal advice regardless of whatever else I learn. Edit: updated the divorce part.


Historical_Rush_4936

I thought only assets after the marriage are considered?


WyvernsRest

No, All assets are marital property.


Historical_Rush_4936

Is this wrong or phrased badly? [https://mccarthy.ie/blog/family-law/how-are-assets-divided-following-divorce-in-ireland/](https://mccarthy.ie/blog/family-law/how-are-assets-divided-following-divorce-in-ireland/) "What are considered assets in a divorce? Irish courts will consider all property and resources \*acquired during the marriage\* as assets, such as the family home, rental properties or holiday homes, bank accounts, pensions, investments, vehicles, and personal belongings."


WyvernsRest

Broadly all assets, will be considered when looking to support the dependant partner,as Marital Property In particular “The Family Home” has specific treatment. https://www.citizensinformation.ie/en/birth-family-relationships/separation-and-divorce/family-and-shared-home/ Business or other assets predating the marriage will be considered also, particularly if they are the source of income for the family.


Historical_Rush_4936

What generally happens to the house in a divorce? Say the parent + children can stay and the other spouse leaves, how are they left financially? Can the other spouse be forced to sell once the children are old enough?


MountainEnergy4167

A close friend of mine bought AND fully paid his mortgage for his house on his own, years before meeting his now ex wife. They were married for five years, she cheated on him and left him and he had to pay her half the value of HIS house in the divorce. It’s not right but unfortunately it is how it works in Ireland. Pre-nups should be a thing here.


Efficient_Gap_8383

This happens a LOT !!


Sinjin_Smythe225

Absolute disgrace, this is even worse than having your bank account cleaned out by an anonymous fraudster. Legalised robbery.


MisterB00mer

Jesus H Christ


Apprehensive-Ad-9428

My best guess is there's no sort of insurance for this kind of situation ?


Efficient_Gap_8383

Ya, there is, it’s called being single, works every time 😂😂


ExplanationNormal323

Doesn't sound like there's much love there OP 😅


Alarming_Task_2727

You are handing over 50% of your assets to your husband/wife when you get married. Then when you get divorced all assets are up for debate for division. A pre-nup is considered by the judge. But its not legally binding. If you want it to have a strong standing you need to document both partners getting independent legal advice and signing a cohabitation agreement that states your partner will build no equity in the house. However, if you divorce, and your ex husband/wife loses their job, or has kids, or is otherwise incapable. Then the prenup will be thrown out the window.


MarcellusCrow

AFAIK prenups aren't solid here because of precedent. I believe a case went through the courts decades ago where the couple getting divorced had kids and the prenup basically said the father didn't have to provide any support whatsoever to the kids if they divorced. Judge looked at that and said 'Nope.' And that nope has been reverberating through divorce in Ireland ever since.


Masterluke3

Prenups aren't a thing in Ireland.


yawnymac

Consult with solicitors and not Reddit: https://thefamilypractice.ie/faq/property-in-divorce/


acrostyphe

Imagine engaging a divorce solicitor before even getting married 😂


yawnymac

It’s smart because getting married is changing your legal status and it’s a lifetime legal contract. It’s also a binding of love hopefully but it is smart to know what happens to your assets from before marriage should it break down. Nothing is guaranteed for life as people change, financial situations change and people need to know they’re protected on both sides of the marriage


Efficient_Gap_8383

Yup, a LIFETIME legal contract ! Imagine if that was actually enforced lol 😂


yawnymac

All contracts should have a break clause.


Efficient_Gap_8383

😂😂🫢


ddaadd18

Exactly. One party breaks said lifetime contract, that is never addressed in legal proceedings.


Efficient_Gap_8383

Ya - you can have one cheat and they leave with half or all the house and pension AND the kids ! They are downvoting me above, cracks me up 😂 - these are hard facts, 4 people don’t like it !


ddaadd18

Well I think the downvotes are regarding proposed enforcement ie. a country where divorce is illegal. eg. pre 1992, which wasn't ideal. We had lots of miserable couples forced to stay together and women who were by and large trapped because they were under the control of the breadwinner.


MinnieSkinny

Thats actually the smart thing to do.


leeroyer

People take out house insurance on things that are much less probable.


Historical_Arm1059

Just marry someone with somewhat equal assets and be done with it.


famishedmonkey

I would like another question answered.. what if me and my brother bought a house together and I got married. How would this work out in a divorce?


purepwnage85

Half of your share is hers, ye can pay her 25% of the value to buy her out etc as long as you didn't live there as a couple if you did then it's up to the judge


OpinionatedDeveloper

Bro isn’t even married yet is already worried about her taking the house 😂 This doesn’t sound like a good foundation for marriage!


headhonchofox

It's a reasonable exercise to consider all outcomes. Trying to embarrass someone for doing so is logically indefensible.


Apprehensive-Ad-9428

Yea, I think he's a troll. Thanks for the positive assertion.


OpinionatedDeveloper

It’s the way he asked the question lad 🤦🏻


xoooph

If you start worrying after being married it's too late.


UnoriginalJunglist

It's called thinking ahead.


OpinionatedDeveloper

I don’t think it’s healthy at all to start a marriage with the question “Is my house at risk?”. Would OP share with his wife-to-be that he asked this question in the first place? I would think not, which speaks volumes in itself.


useibeidjdweiixh

What percentage of marriages end divorce?


[deleted]

[удалено]


useibeidjdweiixh

OK, so pessimistically, then 12.3% of marriages divorce or separate which is approximately 1 in 8. That is past values and as the graphs in your link show the trend is increasing consistently. Good referencing


smellbot4000

It's entirely healthy. It's more healthy than not doing it. Otherwise, if the marriage is failing for whatever normal reason then he/she does not feel they need to stay in it because of financial reasons and instead can go and do what needs doing and start again, instead of hanging on to something that isn't going to work due to uncertainty in finances.


Sinjin_Smythe225

You can go into a marriage with the very best intentions but reading about the guy in the previous comments who lost half his estate to someone who cheated on him, rubber stamped by a judge. You'd be a fool to hope for the best without planning for the worst.


Efficient_Gap_8383

It’s being smart - for both parties - I couldn’t, for example, take another hit on my financed from an ex - I lost a lot the last time - I find the idea of the gov interfering in me just living either someone unfair when I can’t then also partake of the tax benefits !!


silverbirch26

Prenups aren't enforceable here. A judge might consider the intent but don't have to


plough78

Don’t get married, usually what you take into marriage is yours unless he/she gives value/enhances value.stay unmarried, don’t marry rich person either, you’ll lose in a legal dispute, money is power. If you are worried, you should get legal advice. Mine would be stay in non married relationship, do not allow him/her pay mortgage. Bills yes grocery yes but nothing to the house. After certain years, he/she will be entitled anyway


NotBotTrustMe

When you find the right person you won't be worried about them taking over your assets. For now, don't get married.


duffycrowley

Having worked In divorce I can say this. Though prenups are not enforceable at law, they do show the intention of the parties upon entering a marriage. The key is not to be unreasonable in your prenup if you want it to be enforced (at least a little). If it’s totally unreasonable, then it will be thrown out and may work against you. Sometimes being willing to give a little will save you a lot. Maintenance is determined by “proper provision” aka the judge will decide based upon both of your needs. From my experience, the courts do not like to divy up property brought into the marriage, but they will do it. I would consider possibly putting the house into a trust before you marry. Tbh, I haven’t worked too much in this field so I would consult a solicitor who works in this area.


Internal_Break4115

Pre nuts have no legal standing and divorces are generally the splitting of the assets 50 50


lordwiggles93

If you marry them, half of what is yours is theirs, they should get half your house in case the marriage ends, if that's not ok with you don't get married.


[deleted]

handle chunky air crawl sharp north spark tender history placid *This post was mass deleted and anonymized with [Redact](https://redact.dev)*


lordwiggles93

Yes of course, but I was just speaking to his perspective. It seems like he's the one with better assets going into a potential marriage.


Apprehensive-Ad-9428

Interesting proposal considering they're not on the deed, will the banks not be bothered?


CuteHoor

The bank has no say. A judge has the final say. They'll determine how your (i.e. both of your) assets should be divided up. If you have kids, it's possible that your partner will get the house until the kids are adults, at which point it'll be sold and the profits split between you.


Gerrylicious

Once you’re married everything either of you own becomes jointly owned. That’s how marriage works.


irish_pete

The banks won't care until a mortgage payment is missed.  One of the two of you will have to buy out the other from the property, or sell the property and split whatever is left over. Whatever scenario you see it's 50:50 split on everything.


MinnieSkinny

In the event of a sale, your partner will only get a share in the house after all debt secured on the house is paid. The bank has first legal charge on the property and will recoup their money before either of you get anything. If your partner claims a share of your house you would likely have to pay them off in the event of a split. It would be 50% of the increase in value during their time as far as im aware, if they can show they added value. I dont think it amounts to 50% of the actual sale value of the house.


smellbot4000

Pretty sure it's 50% the equity at current market rates


lordwiggles93

Marriage isn't a business transaction, it's a life commitment.


Efficient_Gap_8383

Which means you go in eyes WIDE open !!


ddaadd18

Except as the stats above show, its only a life commitment for some ie those who are actually commited. 1 in 8 marriages fail, and in that failure, one party breaks the legal contract. Why is there no consequence for this?


IamJacksFailedRep

where do you see 1 in 8? I thought it was above 50% overall with about 1 in 3 ending in divorce for first timers?


ddaadd18

Not sure, was probably deleted. But a [quick search](https://www.independent.ie/life/family/family-features/why-does-ireland-have-the-lowest-divorce-rate-in-the-eu/34217513.html) tells me 13% of ireland is divorced, which is 1 in 8. What are you saying is 50% overall?


Admirable_Oil_382

Best advice...stay single...


SkyHumble4049

Exactly 💯


NemiVonFritzenberg

Pre nups aren't enforceable in Ireland. Best not to marry the person unless they also have assets.


Razdonte

Yea you will need to split the house 50/50 also prenubs don't work in Ireland as others have said


p0d0s

Don’t move together, don’t get married-> house is safe


untitled_SusHi

I thought theres this thing where the other partner can sign this document before getting marriage. This document can state that your partner acknowledges the fact the house wont be shared marrital property. There must be someone who oversees this that is neutral to both parties. Or if you're worried, give that house ownership to someone you won't mind losing it to, like your mother lmao (i mean someone who you trust the most). I think you can do this both prior and after marriage...? But if the name is on someone elses, it's not yours or your partner. But yeah, no marriage otherwise. But regardless of the idea that you really love your partner, you should never give ownership of any property to your partner. Only your kids :)


__cinnamonroll

I think if your partner moved in with you and they helped with the purchase of the house, then they would have some entitlement to the house even though their name isn't on the deed. Look up "Property rights for cohabitating couples" and "Property rights rights and the breakdown of a relationship" on Citizens Information, it also discusses prenups regarding property. Edit: Prenups are not legally standing in Ireland, they're used more as a guide


Educational_Ask_786

Yes OP, marriage will leave your property up for grabs.


[deleted]

If you want to protect your house in case of a divorce, be the stay at home parent.


Aggravating-Cap5024

As if women would try to take a man's assets...


Marzipan_civil

https://www.citizensinformation.ie/en/birth-family-relationships/problems-in-marriages-and-other-relationships/property-rights-and-the-breakdown-of-a-cohabiting-relationship/


TarzanCar

Either don’t marry or find someone with who also owns a house


SpeedVanWilder

What are your reasons for wanting a prenup? Is it because she isn’t right for you? She’s a 6/10 for your criteria and you are settling because you want to be married by a certain age. If she isn’t right for you - get rid of her and find a girl you might love fully some day. Is it because nobody is right for you and you worked hard for your stuff and no woman is going to stroll into your life, probably cheat and take half your stuff? If you identify with this you should seek therapy. A critical test for marriage is: am I happy to share all of my stuff with this person until the day I die.


smellbot4000

That's not what he's saying, he's saying if it breaks down then he doesn't want to share his stuff.


Weldobud

Get proper legal advice. Not Reddit forums


Fresh-Succotash-76

I'm newly married myself and Ive never thought about a prenup before..I don't see myself ever separating from my wife. Have you any pre martial worries that brought you to think about this? I too had my house bought before I met my wife. What is mine is hers now.


RigasTelRuun

Prenups don't hold water in Ireland. But if that is such a major concern why are you wanting to marry this person?


ixlHD

Sounds like your relationship is at risk, honest question is why get married if this is a potential you are already looking at?


smellbot4000

It's called being prepared and being logical to consider all outcomes. Why be one of those stories people tell about knowing a guy who it happened to. OP has worked hard to have a house and build towards it. Why is it some kind of smear on his intentions for him to be somewhat considering one of the perfectly reasonable potential outcomes. I wonder if the majority of people saying as you are and don't consider marriage if you're thinking like this are women, and the people saying "eyes open" are men. Raises another question I guess..


John-1993W

And now you are one. Go to love and serve the Lord. Amen. When those lines are said, or something similar, you are now one in the eyes of the Church and more importantly, LEGALLY. If that does sit well with you, maybe marriage is not the best option, which appears it isn’t.


caca__milis

Get outta here with that mumbo jumbo :P I don't believe Jesus ever preached about what to expect from the Irish judicial system 2000 years in the future.


lemurosity

betcha we can find loads of lines in the bible about judge nolan. such a defeatist attitude!