Ask a Law Question, Get an Answer ASAP!
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.
I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button on your screen to do this) and Just Answer will credit me for helping you today.
Thank you, ***** *****