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When a marriage breaks down, one of the first concerns many people have is, “How can I protect my assets?” Whether you have built up savings, own property, or hold investments, the thought of losing a significant portion of what you have worked for can be overwhelming.
At Waely Law, we regularly help clients — especially those with complex or high-value finances — protect their assets and secure fair outcomes. While every case is unique, understanding the principles of asset division and the tools available to safeguard your wealth is the first step.
In this article, we will answer some of the most common questions we hear from clients:
- Can I protect my assets before or during divorce?
- Will I have to give half of everything I own?
- What steps can I take now to reduce risk?
- Why is early legal representation so important?
Understanding How Assets Are Divided in Divorce
In England and Wales, the starting point for dividing marital assets is the principle of equality — in other words, a 50/50 split. However, this is not a fixed rule. The court’s main aim is to reach a fair division based on the needs of both parties, especially if children are involved.
The court considers:
- The length of the marriage or civil partnership
- The financial and non-financial contributions of each party
- The needs of any children under 18
- The income, earning capacity, property, and financial resources of each party
- Any disabilities, age, or health considerations
Some assets may be considered non-matrimonial (e.g., pre-marriage property, inheritance, or certain gifts) and might not be shared — but in many cases, they are still taken into account if needed to achieve fairness.
For more details on financial division, see our Financial Proceedings page.
Can I Protect My Assets Before Marriage?
Yes, and the most common way is through a prenuptial agreement. While not automatically legally binding in England and Wales, prenuptial agreements are increasingly upheld by the courts if they are fair, entered into freely, and both parties had independent legal advice.
A well-drafted prenup can set out exactly how assets will be divided if the marriage ends, helping to protect property, business interests, and inheritance.
What About Protecting Assets After Marriage?
If you are already married, you can still create a postnuptial agreement. Like a prenup, it can help define what belongs to whom and reduce uncertainty if separation occurs.
For those who are already separating, certain court orders can be used to protect assets, including:
- Freezing Orders – preventing the other party from disposing of or hiding assets during proceedings.
- Financial Remedy Consent Orders – recording a financial agreement in a legally binding way, ensuring neither party can make future claims.
Do I Have to Give Half My Assets in Divorce?
The short answer is not always. While equality is the starting point, the court adjusts the split based on factors like:
- The needs of each party, particularly for housing and childcare
- The source of the assets (marital vs. non-marital)
- Contributions made before or during the marriage
- The standard of living during the marriage
For example, if you inherited a property before marriage and it was kept separate, the court may treat it differently from assets acquired together. However, if those assets were mixed with marital property or needed to meet the other party’s needs, they may still be included in the division.
Practical Steps to Protect Your Assets in Divorce
If you are considering divorce or separation, these steps can help safeguard your position:
- Seek legal advice immediately – A solicitor can guide you on your rights and options before any action is taken that could harm your case.
- Keep financial records – Maintain clear evidence of asset ownership, including purchase dates, inheritance records, and any agreements made.
- Avoid transferring assets – Moving money or property to relatives or friends to hide them from the court can backfire legally and damage your credibility.
- Consider formal agreements – Prenuptial, postnuptial, or separation agreements can formalise arrangements and provide clarity.
- Act quickly if assets are at risk – In urgent cases, apply for a Freezing Order to stop the disposal of assets.
Why Legal Representation is Essential
Every divorce is different, and asset protection strategies must be tailored to your situation. Without early legal advice, you risk making decisions that could be irreversible.
At Waely Law, we take a strategic and protective approach to financial cases, ensuring you understand every option and helping you secure the most favourable outcome. Whether through negotiation, mediation, or court proceedings, our role is to safeguard what matters most to you.
If you are concerned about protecting your assets in divorce, speak to us today. Early advice is the best defence.
📞 Contact Waely Law for a confidential consultation.
FAQ: Protecting Assets in Divorce
Can I protect assets after separation but before divorce?
Yes. Orders like Freezing Orders can prevent assets from being disposed of before the financial settlement is finalised.
Is a prenuptial agreement legally binding in the UK?
Not automatically, but courts often uphold them if they are fair and properly prepared.
Will the court consider my business in the settlement?
Yes, a business is considered an asset. However, the court will aim to avoid harming its viability while still achieving a fair settlement.
Can I exclude inherited assets?
Possibly, especially if they have been kept separate. However, they may still be considered if needed to meet needs.
