Prenuptial Agreements

Once thought of as something only for the rich and famous, a Prenuptial Agreement or ‘Prenup’ as they are more commonly known, is fast becoming much more commonplace for a number of reasons.

Entering into a marriage is a significant decision that requires careful consideration, and for some couples, that also means drafting a prenuptial agreement. A prenup, as it is commonly referred to, is a legal agreement made between two people before they tie the knot. It outlines how assets and property will be divided in the event of divorce or separation. While the mere thought of discussing prenups may seem daunting to some, it can also offer peace of mind and protect individual assets. Just like any contract, a prenup should be approached with care and consideration to ensure that both parties are satisfied with its terms.

A Prenup can…

help safeguard children from a previous relationship before entering into a second marriage/civil partnership
ring-fence wealth accumulated/built up or inherited by one party before the start of the marriage
protect funds that were used by one party before the marriage to purchase something jointly such as the family home, holiday home, property portfolio etc
avoid costly, distressing and elongated litigation and court proceedings should a marriage breakdown in the future, ending in divorce
act as a deterrent should one party be entering into the marriage purely for the wrong reasons, such as monetary gain.

Protecting both parties

This contract which is considered enforceable and legally binding in Scotland looks to ultimately protect both parties’ interests should the marriage or civil partnership end. It helps to protect assets and accumulated wealth and can actually list who owned what prior to the marriage and who gets what if the marriage should end in divorce. Of course, if it were to come to it, the court could reverse any aspect they deemed unfair or unreasonable.

Practical advice

Our highly trained and rational Family Law specialists have worked on drafting tens of dozens of Prenuptial Agreements. They will carefully guide you through the process, taking the time to understand your particular situation, circumstances and what each individual is looking to get from drawing up the agreement.

Free no-obligation meeting

For a sensitive yet realistic approach to your requirements, get in touch with our expert Family Law solicitors. We offer a free initial no-obligation meeting which we can use to go over your individual circumstances and goals in order to advise you on the best way forward.

Divorce / Separation

Although the circumstances around the breakdown of a marriage are personal and each divorce is different, they tend to bring with them a whole host of similar questions.

Fixed Fee Divorce

We pride ourselves on offering transparent, upfront advice about fees across all our services from the outset and where possible, always look to give an idea of costs.

Separation Agreements / Minute of Agreement

Separations can get complicated, confusing and messy. The best way to know where you stand and what has been agreed is to write it down.

Cohabitation Agreements

Although from 2006 couples who lived together were given certain rights in Scotland, it is still recommended that you draw up a Cohabitation Agreement for peace of mind now and for the future.

Prenuptial Agreements

Once thought of as something only for the rich and famous, a Prenuptial Agreement or ‘Prenup’ as they are more commonly known, is fast becoming much more commonplace for a number of reasons.

When Children Are Involved

Child Contact and Residence Orders do as they say and look to formally layout decisions made regarding children in the event of a separation or divorce.