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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 750
Experience:  Dual qualified Solicitor and Attorney
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Jo, I am currently in mediation, my marriage was 14 years

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Hi Jo, I am currently in mediation, my marriage was 14 years old. I signed a prenup at that time regarding I getting 10% of family home which I agree to, however in 2006 I contracted multiple sclerosis and now I am wheelchair bound, I am of no use to my wife as I am badly disabled I lost my job and all the things came tumbling down my wife has been my saviour however now wants a divorce and we are undergoing financial mediation her net worth is approx 1.2 million, she works in the city and before the brexit fiasco for 10 years + she was earning £800/day, she now earns 50k a year , however I feel the mediator is not really paying attention to my needs, financially going forward, so I just resign myself to the offer of 250k and £500 per month till retirement, I wanted a clean break and a
Lot more, what do think

Hi thank you for your myself. Firstly, pre-nuptial agreements are not legally binding in England and Wales although in 2010 the case of Radmacher v. Granatino established that prenuptial agreements are now afforded heavy evidential weight within the Family Court. There are two factors here that are important: firstly, as your marriage is 14 years old your pre-nuptial agreement would have preceded this decision and therefore, it is possible that the court will give less weight to a pre-nuptial agreement entered into when it was not clear that it would be given such heavy weight as it is post 2010. Secondly, even where pre-nuptial agreements are given heavy evidential weight the effect of the pre-nuptial agreement could be amended where it was considered unfair. What is unfair is a subjective matter for the court but I would consider that your circumstances would amply fall within this remit. I would advise that you do seek a legal representative to advise you in the mediation if you have not done so but I would consider your options before agreeing to accept less than you might be awarded in a court setting where they can in effect change the effect of the pre-nup.

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Customer: replied 30 days ago.
Thank you Jeremy, I will give 5 stars

Thank you, ***** *****