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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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In 2003/4 I met my now husband of ten years. We both had our

Resolved Question:

In 2003/4 I met my now husband of ten years. We both had our own houses, his being of higher value than mine £210000. We agreed by legal document to a 70/30 split which at the agreed time was viable. I sold my house and invested over the following 4 years a sum of £95,000. We run a successful business 6 years which enabled us to sell his much improved home and move to our present address which we paid£46,000 cash from the business plus the £234,000 from the sale of the home we had shared years. we have been in this house 5 years and are intending to sell and move again. I would like to know if all that I have contributed to our lives if this legal 30/70 legal document is still valid or will I only ever get 30 %. Thankyou
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
Were you planning to get married at the time the document was signed?
Did you have separate legal advice about what you were signing?
Clare
Customer: replied 2 years ago.

We were married feb 11 2005. this document was drawn up in Aug 2005

after we were married. the then house was worth approx. 299,000. There followed a price crash in the housing market.

The legal advice was correct at the time.

I just want to know if there is anyway this can be challenged as my husband now wants to move again, I just don't want to modernise and do all that work again if at the end I only get a third value.

Also if he dies before me could I contest this.

Expert:  Clare replied 2 years ago.

So this was a post nuptial agreement
I do need you to confirm that you had SEPARATE legal advice at the time
Clare
Customer: replied 2 years ago.

No. It was drawn up together with my husbands solicitor.

It was by joint agreementat the time.

Its just that since then we have run asucessful business years.now retired and closed down, All money earnt went into the properties.

Expert:  Clare replied 2 years ago.

Since you had no separate legal advice on your position and your rights your husband would struggle to enforce the agreement in the event of a divorce
Given the length of the relationship and the contribution you have made I would expect a 50/50 division - or 60/40 in his favour at worst.
It would of course be better to try and discuss this with him - but if that is not possible then yes it can be challenged
Please ask if you need further details
Clare
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