Key points
This case in 30 seconds
- Situation
- Before marriage, the woman bought a flat and paid the down payment and the mortgage payments up to the wedding by herself. After they married, her partner also contributed to the payments.
- Approach
- We helped the couple gather the records of the down payment and payments made before marriage, and the agreement states separately the payments made before and after the marriage.
- Result
- The agreement states that the down payment and payments made before marriage belong to her, and that payments made after marriage are counted according to each person’s share.
Three points for separating payments made before and after marriage
- Gather the records of the down payment and payments made before marriage, as the basis for the agreement.
- State in the agreement that what was paid before marriage belongs to the original owner.
- Payments made after marriage are counted in the proportion you both agree.
Background
Before marriage, the woman bought a flat and paid the down payment and the mortgage payments up to the wedding by herself.
After they married, her partner also contributed to the payments, but they did not clearly agree who paid what.
She worried that, if this was not written down, it would later be hard to tell which part was paid before marriage.
- Unsure whether a down payment made before marriage counts as part of the payments made after marriage
- Worried it will be hard to say later which payments were made before marriage
- Not sure how an agreement should set out each person’s share of the payments
She had looked at an online template, but its clauses did not separate payments before and after marriage, and did not set out the proportions.
Before signing, she wanted to understand how what she paid before marriage could be set out clearly.
To do that, the first step is to sort the payment records for the periods before and after marriage separately.
Why should the agreement set out payments before and after marriage separately?
The agreement states payments before and after marriage separately because they came from different sources, which also makes them easier to tell apart later.
Property owned before marriage: who owns it after the wedding?
Property held in one person’s name before marriage generally stays with that person after marriage.
Not set out separately or set out separately: what is the difference?
| Not set out separately | Payments before and after marriage set out separately | |
|---|---|---|
| Source of the down payment | Does not say the down payment was paid before marriage | States that the down payment belongs to the original owner |
| Common omission | Savings or help from before marriage were used for the down payment, with nothing said about getting it back later | States clearly who the down payment and the payments made before marriage belong to |
| How payments are counted | Payments before and after marriage are mixed together | Payments after marriage are counted according to each person’s share |
| Who owns the property | Only says the property goes to one side | The property generally stays with the original owner |
Who pays the down payment and the mortgage, how ownership is shared and what happens on separation should all be set out clearly in the agreement.
How will the agreement deal with the down payment and payments made before marriage?
It states that the down payment and payments made before marriage belong to the original owner, and how payments made after marriage are counted.
In this case, the approach was to state separately that the down payment made before marriage belongs to her, and to set the proportion for payments made after marriage.
For the rest of what an agreement should cover, see “Prenuptial agreement”. For a similar approach, see “A case where the property belongs to one spouse but the remortgage failed” or “A case where the other side objected to a self-signed agreement”.
Once payments before and after marriage are set out separately, what remains is knowing how each stage works in practice.
How we helped
From the first consultation to signing, the same dedicated consultant follows your case. We help in three stages.
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Gathering details
From the first consultation
At the first consultation, the dedicated consultant finds out how the couple currently pay the mortgage and what was paid before marriage.
We help the couple gather the records of the down payment and the payments made before marriage.
Once what was paid before marriage is clear, there is a sound basis for drafting.
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Drafting the agreement
Once everything is in order
We help draft the clauses, stating separately what was paid before marriage and the payments made afterwards.
The clauses state who the down payment and the payments made before marriage belong to, and how the proportion for payments made after marriage is worked out.
With everything set out clearly, both of them can follow it more easily later.
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Signing stage
Before the wedding
We remind the couple to leave enough time to sign before the wedding, and we help prepare the documents to be signed.
After signing, we remind each of them to keep an original.
Once the agreement is properly signed, payments after marriage have a clear basis.
Throughout, the client could phone the dedicated consultant at any time, in Cantonese, Mandarin or English.
For every document, we first explain its contents and what needs following up.
We are a divorce consultancy. We help you organise information, prepare documents and understand the procedure. If your case needs legal advice or a representative in court, we will tell you honestly and help you make other arrangements.
With the three stages joined up, this was the outcome.
Outcome
The agreement states that the down payment and payments made before marriage belong to her, and payments made after marriage are counted according to each person’s share.
Because what was paid before marriage is already set out clearly, payments after marriage can be counted in the proportion already agreed, which is easy for both of them to follow.
For the couple, the biggest difference is that the down payment and payments made before marriage are not mixed in with payments made after marriage.
Throughout, the dedicated consultant drafted the clauses from the records that had been gathered and explained the meaning of each part to the clients.
If payments before and after marriage are not set out separately, they are harder to tell apart later.
The agreement is signed and the couple pay together in the proportion it sets, which was what mattered most to them from the start.
How does the procedure change if your situation is different?
This approach was used because the woman had already bought the flat before marriage. If your situation is different, the approach will change.
Down payment helped by parents: If part of the down payment came from parents, the agreement can state which side’s parents provided it, whether it was a gift or a loan, and how it is handled if the flat is sold later.
Property bought together after marriage: If the couple buy the property together after marriage, the agreement can state how the down payment and mortgage payments are shared, and how ownership is arranged.
Want to understand your own situation first: If your situation is different, you can start by asking a dedicated consultant how it can be handled.
Three things you can do first in a similar situation
- Gather the records of the down payment and payments made before marriage.
- Discuss with your partner the proportion for payments made after marriage.
- Talk to a dedicated consultant early about how the agreement should state these separately.
FAQ
After marriage, is a down payment made before marriage treated as jointly owned?
Property held in one person’s name before marriage generally stays with that person after marriage.
If parents helped with the down payment, how can it be protected?
If part of the down payment came from parents, the agreement can state which side’s parents provided it, whether it was a gift or a loan, and how it is handled if the flat is sold later.
Why set out payments before and after marriage separately?
Who pays the down payment and the mortgage, how ownership is shared and what happens on separation should all be set out clearly in the agreement.
How will the agreement deal with the down payment and payments made before marriage?
It states that the down payment and payments made before marriage belong to the original owner, and how payments made after marriage are counted.
Do you give legal advice or represent clients in court?
We are divorce consultants. We help you gather information, prepare documents and understand the procedure.
If your case needs legal advice or court representation, we will tell you honestly and help you make other arrangements.
Illustrative case: this page is adapted from similar cases we have handled. The people and details have been changed, and it is not a record of an identifiable client.
Every case is different, and the time taken and the result will vary. This page is general information only. It is not legal advice and is not a promise about your case.
