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Harris, Law Specialist
Category: Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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On advice of her solicitor, my fiancee deliberately delayed

Customer Question

On advice of her solicitor, my fiancee deliberately delayed signature of our prenup to eve of wedding despite having the agreement for over a month.
Now, on divorcing, she is claiming that she signed under duress, and therefore the prenuptial is invalid.
Am I right in thinking that ina similar case a judge has ruled the agreement valid despite his fiancees ploy ?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. When a court decides whether a pre-nuptial agreement is fully valid or not, it considers when the pre-nuptial agreement was agreed and signed, and whether the parties had full independent legal advice regarding the terms. In any event, a court has the power to overlook pre-nuptial agreements when dealing with financial settlements in divorces. To fully assist you please confirm:-You are in England or Wales-When was the pre-nuptial agreement finalised-When did you get married-Did you both have independent legal advice and is this reflected in the agreement-Do you have any children together-What is she now claiming as a financial settlement?
Expert:  Harris replied 1 year ago.
Hi, this question remains open. Please could you provide the requested information so that I can assist you.