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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 8111
Experience:  Barrister at law
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I need advice on divorce and marital rights, no not yet, I

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I need advice on divorce and marital rights
JA: What steps have you taken? Have you filed any papers in family court?
Customer: no not yet
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: I need a lawyers advice as my husband wants to file a divorce
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Customer: replied 1 year ago.
Hi there my husband asked for a divorce and I told him to go ahead and file for it however he now said that after we got married I signed a document stating that in the event something happens I will give up all my rights to the property. I have no knowledge of this and cannot remember signing this and if I did it would have been done blindly. He said I won’t be getting anything from him and will throw me out of the house and fight to take my little boy whom am fully responsible for. Am so scared and worried. The question if he is right that I did sign an agreement do I stand any change of getting anything to at least start somewhere with my son. Or advice on any rights that I might have. Many thanks

Hello, my name is*****’ve been asked to look at this for you, thank you for your patience.

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

In short, under UK the type of agreement that you are alleged to have signed is not normally legally binding when it comes to divorce. It's called a pre-nup. For it to even be considered legally binding you would have to have taken independent legal advice at the time. The fact that you cannot recall even signing it suggests that you certainly didn't;t take it to a lawyer for advice.

The legal system in the UK will ensure that you and your son are provided for from the divorce settlement. He also cannot throw you out of the house whilst you are still married, and if you are the primary carer for your son the courts will also want to maintain this, for your son's welfare.

I hope that this reassures you.

I would suggest that you may need to appoint a lawyer to represent you as it seems to me that he is a bully that cannot be negotiated with. You should be able to find someone to talk to about taking your case on via the link here:

https://solicitors.lawsociety.org.uk/

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