Prenuptial Agreements Lawyers In Elgin
When considering entering marriage or a Civil Partnership, contemplating what may happen in the event of a separation is unlikely to be top of your agenda. Often overlooked, a Pre-nuptial or Postnuptial Agreement can be a sensible way of estate planning to protect you, your future spouse, and your family in the event of unforeseen circumstances. It should be viewed similarly to that of creating a Will. Such agreements ensure that your wishes are protected and assets divided how in line with the terms of the agreement.
What is a Prenuptial Agreement?
A Prenup ensures future certainty and security for both you and your partner. Such agreements can offer an inexpensive method of saving thousands of pounds in the unfortunate event of a separation or divorce. A Post-nuptial agreement has the same effect as a Pre-Nup, however, it is entered into after marriage as opposed to before.
Our Family Lawyers are experienced in handling Prenups and Postnups and can serve you throughout the North of Scotland including Elign, Morayshire the Highlands & Islands, including Inverness Thurso, Caithness, Moray, Nairn, Ross-shire, Skye, Stornoway, Sutherland and Orkney.
We're here to help you plan for the future
For more information about how our Elgin Family Law Team can assist you with pre-marital agreements, get in touch on 01463 795 035. Our initial chat will be at no charge.
Your Local Expert Family Lawyers
Grant provides family law services across the North of Scotland including Elgin, Morayshire and the Highlands and Islands. He provides advice on all aspects of family law, most commonly involving separation and divorce, financial provision, child maintenance, cohabitation, pre & post nuptial agreements, cohabitation agreements, residence, contact, relocation, adoption and protective remedies. He firmly believes that it can be advantageous for individuals to resolve their disputes without the use of litigation in the first instance. Find out more.
Natalie provides advice on all aspects of family law, including child contact and residence disputes, adoption, separation, divorce, dissolution of civil partnerships, pre and post nuptial agreements and cohabitation. Natalie understands that seeking advice about family matters can often be difficult, however, she works closely with clients to understand their circumstances and what they wish to achieve. Find out more.
Frequently Asked Questions about Pre-Nups and Post-Nups
Such agreements are very flexible in terms of the extent of the assets which can be ring-fenced and protected. Typical assets may include properties, savings, investments, business interests or motor vehicles. The extent of assets is not limited and can be as extensive as the parties feel comfortable with.
Yes, in Scotland such agreements are legally enforceable and binding. However, great importance should be given in relation to the preparation of the agreement to avoid the risk of an uncertainty or misinterpretation.
It is possible to challenge the terms of an Agreement if it can be shown that it was not fair or reasonable at the time it was entered into or whereby one party has been forced or coerced into entering the agreement. Where one party has not been afforded an opportunity to seek independent legal advice on the agreement prior to entering it, this also risks the agreement being challenged in the future. In situations where a Minute of Agreement is challengeable, it is possible for a court to vary the terms of the agreement or reduce it (overturn it).