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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 17230
Experience:  I have been practising for 30 years.
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Myself and my fiancé have created a simple prenuptial

Customer Question

Myself and my fiancé have created a simple prenuptial agreement online and wanted to ask if you could provide advice and certify you have provided legal advice on the document?
JA: Where are you? It matters because laws vary by location.
Customer: Cambridge, UK
JA: What steps have you taken so far?
Customer: we have created the agreement online and downloaded the completed form.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don't think so.
Submitted: 8 days ago.
Category: Law
Expert:  F E Smith replied 8 days ago.

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

I would be happy to look at it for you - you can upload it using paperclip symbol above top left -

and can you give me a quick summary of what you both want to include please

Customer: replied 8 days ago.
Many Thanks. Would my fiancé also be able to use this service for her own legal advice on this matter providing she was allocated a separate solicitor?
Expert:  F E Smith replied 8 days ago.

A prenuptial (and post nuptial which is always to be preferred) and of no effect unless the parties take independent legal advice on the effect.

I’m afraid that we are specifically not allowed to take instructions from here.

If the site were to be a source of potential clients, we would no longer be independent because we would have an interest in pursuing litigation. With no interest in pursuing litigation, we can be really objective with our view is to whether something has a good chance or a limited chance of success.

In any event, for logistical reasons you would be better using a local solicitor .

The other reason is that you need a certificate (letter) provided by the solicitor confirming that he has given that advice.

This is deemed to be quite risky work and you may struggle to find a solicitor to give that advice and if you do don’t be at all surprised if they want several hundred pounds or even more. For that reason, shop around.

Whilst we can advise on the agreement, either of you, and it could be done independently, the advice is unlikely to be sufficient for court purposes if there ends up in argument over what was agreed.

Also, as I said earlier, do a post nuptial in the same terms after you get married. It is actually much better.

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.

You don’t need to do it on this thread, just a new thread. You have me exclusively on this one.

Thank you.

Best wishes.