Prenuptial Agreements in Scotland
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 Prenuptial 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.
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 Team of solicitors are experienced in handling Prenups and Post-nups and can serve you throughout Scotland with offices in Glasgow, Edinburgh, Inverness and Highlands and Shetland.
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For more information on our pre-nuptial or post-nuptial agreement services in Scotland, call our accredited family law specialists for free or complete our simple online form, for an initial discussion or to request a callback.
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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).