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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1370
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My boyfriend is worried about the laws of marriage in

Customer Question

Hi my boyfriend is worried about the laws of marriage in relation to divorce. He has mentioned prenuptial agreement however I am not comfortable with this. Am I right in thinking that a prenuptial agreement can be contested anyway?
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Thank you for your question.
Pre nuptial agreements are not currently binding. A Judge could however consider a pre nuptial agreement and make a Judgement in accordance with such an agreement. It would be expected that full financial disclosure had taken place prior to the agreement being signed as well as you having legal advice in relation to the terms.
Kind Regards
Customer: replied 2 years ago.
ok so have I got this right.... Even if you get a pre nuptial agreement prior to marriage stating things like "if the marriage fails and ends in divorce, individual pensions and savings cannot be accessed by the other person". Basically can you protect your pension and saving by a pre nuptual? Or have I understood it correctly that the other party could contest it and a juudge would make the final decision?
Expert:  ukfamilysolicitor replied 2 years ago.
Thank you for responding. If the marriage did unfortunately fail and agreement couldn't be reached between you as to a fair division of assets then Yes a Judge would make the final decision.
The Judge could consider the pre nuptial agreement when deciding but if full financial disclosure and legal advice had not been obtained before signing the pre nuptial agreement then the Judge will likely consider the Pre Nuptial agreement as not being fair.
Please do not hesitate to ask if you have any further questions. I would be grateful if you could rate my advice.
Kind regards
Expert:  ukfamilysolicitor replied 2 years ago.
I would be grateful for positive feedback.
Kind regards