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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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Hi,On 26th December 1997 I got married. The week before

Customer Question

Hi, On 26th December 1997 I got married. The week before the marriage we attended my husbands solicitor re a Pre Nup agreement, which we went back to sign on the 22nd Dec , just 4 days before our marriage. In Dec 2004 I left the marriage and it is only in Sept of this year that we both attended a final hearing (almost 10 years after separation) When we attended his solicitors to draw up the pre nup, I was never at any point advised to obtain independent legal advice. I had no idea at that point that I should have done therefore the pre nup was signed. The fact that I should have done was only brought to my attention by my own solicitor when I started divorce proceedings around about January 2010. In my statements for the hearing I made it clear that I was never advised to do this yet my husband claims that his solicitor was 'at pains' to advise me that I should but I declined. The pre nup was upheld in the hearing as the judge believed my husbands version in regard to this. This has weighed heavily against me in the judgement and what has been awarded to me. There are several other things in the judgement that are wrong and for this reason I feel strongly that an appeal should be considered. However my 1st question to you is in regard to the pre nup.. my own barrister explains that it is simply a case of 'probability', where the judge has 2 people with different stories so he has to make a decison on who's story is more believable. I understand that there is now a new law in regard to pre nups but either way I am upset that it has been seen by the judge that my claim of not being advised to obtain independent legal advice is not true. I will appreciate any advice you can offer me in regard to this. Dorothy XXXXXX

Submitted: 3 years ago.
Category: Law