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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 6638
Experience:  Barrister at law
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I have a prenup and wanted to know if my husband and I sell

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Hi Pearl, I have a prenup and wanted to know if my husband and I sell jointly owned property (stated as jointly owned in prenup) would that mean that in case of a divorse in the future the prenup is not valid anymore?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: no
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: we are in gulidford
JA: Anything else you want the Lawyer to know before I connect you?
Customer: my husband has two ther prporties which are stated in that prenup as his.

Hello, my name is ***** ***** I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

I'm just reviewing your question.

Customer: replied 7 months ago.
hi peter im joanna. thanks for looking into it.

My pleasure. My view is that you need to update the prenup if things change sif=gnificantly, with something cleverly called a 'post-nuptial agreement'. The postnup clarifies the change in circumstances.

Neither prenups or postnups are completely binding on the court in a divorce though, UK law does not recognise them in the same way that US law does, for example, but they do help provide a blue print for financial settlement should the relationship break down.

Can I clarify anything for you?

Customer: replied 7 months ago.
Thank you Peter! our prenup agreement includes my husbands two other property one of which we both live but the prenup states both of them belong to him.the third prpoerty that jointly owned one we are thinking to sell...so that means we would have to update that existing prenup right? does it mean that if we sell our jointly owned property (currently renting it) and we dont ammend the exisiting prenup that prenup wouldnr be taken into the considiration during potencial divorce?

It can still be taken into consideration, but as I said they aren't completely binding. There is more chance of the court following the prenup/ postnup if it reflects the actual situation not a previous arrangement. So updating is advisable.

I hope that clarifies the point?

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Customer: replied 7 months ago.
its all clear. thank you Peter!

My pleasure.