How to protect your land from divorce settlements?

A

anne14marie

Guest
Hi,
My brother is getting married in April to an English girl and they intend moving back to Ireland. He has land with sites. She hates living in Ireland so I think she won't be happy and I fear they would end up getting separated or divorced. How could my brother legally protect his land from a divorce settlement? I realise pre-nupital agreements are not legally binding so what else could one do?

Any ideas welcome. Thanks
 
Last edited by a moderator:
"How could my brother legally protect his land from a divorce settlement?"

He should not get married to her?

mf
 
mf1 said:
"How could my brother legally protect his land from a divorce settlement?"

He should not get married to her?

mf
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Thats what I was thinking as well.

Is the issue that your brother is wondering how he can legally protect his land, or you are wondering how you can protect your brother?
 
Your brother can't really protect his land on marriage. He could be advised to draw up a prenup agreement which could be of assistance if the marriage broke down. One value is both spouses think about how assets will be divided in the event of a break up and may well follow through if that happens. It is up to the judge however, if the parties can't agree, and it will not definitely protect your brother's lands.
 
It's amazing the number of people who get married and don't trust eachother.

A friend of mine married a girl from abroad and, for the same reason as the OP's brother - worries about settling etc, he put his property in his brother's name just in case it came to divorce.

I suppose it's wise to protect yourself and your assets, but what chance does a marriage have if there's no trust?
 
delgirl said:
It's amazing the number of people who get married and don't trust eachother.

A friend of mine married a girl from abroad and, for the same reason as the OP's brother - worries about settling etc, he put his property in his brother's name just in case it came to divorce.

I suppose it's wise to protect yourself and your assets, but what chance does a marriage have if there's no trust?
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Putting property in a family members name can backfire on you as it did with my wifes brother. He got married, now they're getting divorced, guess what's going to happen to the property?
 
The family member is keeping it?

I agree though, if you don't plan on being with someone for the est of your life then don't get married.
 
Perhaps this is a case of the brother's family wanting to protect the land rather than the brother himself?
 
Give it to me for €1. I'll look after it for him ;).


There's no way of ringfencing assets from a marriage in Irish law. Maybe get married in a jurisdiction that recognises prenups, and if he needs to get divorced, do it there?
 
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