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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have downloaded an agreement from find legal forms it

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Hi I have downloaded an agreement from find legal forms it is a post nuptial agreement. I have put in what myself and my husband would like to do if we separated from each other. What I would like to know is what would I need to do to ensure that this document would be accepted in a court of law as it is an agreement I have done myself but downloaded from their website. I don't want to get one drawn up if I don't have to as I think this can be costly and I am not sure how much this is likely to cost I don't really want to spend lots of money seeing a solicitor for advise as the fees are expensive. Can you please advise if this document would be accepted if so how do I ensure that it is accepted in a court of law? If the document would not be is there any sites that provide such a document online that I would be able to purchase that would be accepted. We just want to state what happens to my property in the event of separation. My property was gifted to me from my dad the value of the house is 500,000 i am gifting my husband 200,000 as we are going to get a joint mortgage for renovation work for 300,000. I want to ensure that I will be secure in case of separation in terms of the assets. Also in terms of child maintenance etc. Please advise the best route without having to pay high fees to solicitors. I want to complete this myself if possible
Hi, thank you for your question. In relation to post-nuptial agreements, these are not fully binding in England at this time. Upon divorce, the court will consider the agreement but has the power to ignore them and assess the circumstances at the time of the divorce. The best way to ensure that the post-nuptial agreement is relied on by the court in the event of a divorce is to:-ensure that there has been full and frank financial disclosure and that your assets and incomes are clearly listed in the agreement-both of you have obtained independent legal advice regarding the post-nuptial agreement and that this is reflected and made clear in the agreement-there is provision for the agreement to be reviewed once children are born or after a certain time-there is provision for the children's needs to be met in the event of a divorce-an independent witness counter-signs the agreementIf you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
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