How legally binding are prenups in court? i ask becuase I signed a prenup , we are now going through a divorce and my husband doesnt want to give me anything of his £380K which is protected by a prenup but since signing the prenup I have given up work( good career earning good money) to be a house wife and stay at home mum to our 2yr old son not to mention 5yrs before having our son I was having to give up jobs every two years to move around the country with him to support his career (he is in the army) Surely I should be entitled to some help from him to house our son and myself as his primary carer?
System of Law: England-and-Wales
I have been to see a solicitor who thinks I should be entitled to at least 50% of everything as the prenup is badly written in the first place and doesnt take into account our son. My husband on the other hand says he has been to two solicitors and they say the prenup is water tight and he doesnt owe me a penny, however he is willing to loan me money to buy a cheap house but I will have to pay it all back when our son is 18yrs old.
Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.Pre-nups can be binding and case law shows they are recognised.However the Court does have a discretion to do what is 'just and reasonable'.This means that if someone was forced to sign under pressure etc then they can be overridden.But while they can be binding the Court does have a discretion.
Called to the Bar in 2007
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