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Domestic abuse / prenuptial agreement

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emma1010
Posted by
Premium Member

02 Jun 19 #507833 by emma1010

Topic started by emma1010

Hi,
Could anyone advise if domestic abuse affects a prenuptial agreement?

Mitchum
Moderator

02 Jun 19 #507834 by Mitchum

Reply from Mitchum

I'm not a lawyer, but from my reading I see that whilst pre-nups are not legally binding in England and Wales, they can be decisive in trying to decide on financial relief in the event of divorce. It seems that at the moment the enforceability of a PNA depends on the court's view of what is 'fair'.

If the court deems it unfair to hold a party to the terms of the PNA, it may use discretion to make changes. I suppose you would be filing that domestic abuse makes it unreasonable to continue in the marriage and that the PNA should be changed accordingly. That sounds reasonable, but you would need to ask a lawyer specifically.

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Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Shezi, Linda Sheridan, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

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