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james bruce
james bruce, Solicitor-advocate
Category: Family Law
Satisfied Customers: 2432
Experience:  Owner at James Bruce Solicitors
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What happens, if I had a pre-nup, which was supposed to be

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Hello! What happens, if I had a pre-nup, which was supposed to be extended in 2.5years, but it never was. Also, I never received a copy of it. Can the pre-nup still be enforced, if I divorce?

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

In the UK, pre nuptial agreements are not legally recognised as such documents as they are in countries like the USA for example.

However, if both parties entered into the agreement freely and knowingly, then if the matter went to court, baring any legal issues around the agreement or any other grounds that may arise, a UK court would normally allow the agreement to remain as an active legal contract, very much like an ordinary contract between to parties.

Customer: replied 14 days ago.
Thank you. Our pre-nup stated that it has to be re-considered/re-newed or something of this sort (I don't have a copy, so I can't remember exact wording) in 2.5 years after it was made. It's been 3 years. Has it expired, if it has this stipulation?

If it had that stipulation contained in the agreement and it has not been renewed on time, then as a contractual agreement, yes it would normally have expired.

james bruce and 2 other Family Law Specialists are ready to help you
Customer: replied 14 days ago.
Thank you very much for your help.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.