Pre-Nuptial and Post-Nuptial Agreements

The topic of a pre-nuptial or post-nuptial agreement may not initially seem the most romantic or necessary, but it is an important conversation to have as you plan or continue to build your future together.

People enter into these agreements for all sorts of reasons. It may be to protect a specific asset, such as a family business or a home owned before marriage. For those entering second or third marriages, a pre-nuptial agreement can be a way to protect assets for their children from a previous marriage or to minimise the risk of dividing assets again in the event of a separation. These agreements can be especially useful in safeguarding family assets that the family wishes to pass down to future generations without any interference from divorce settlements.

A pre-nuptial or post-nuptial agreement is not a sign of distrust or an expectation of divorce, but rather a practical consideration – a bit like an insurance policy. It shows that you’re both committed to being responsible and transparent in your financial matters. It can also provide a roadmap for how you will navigate difficult situations in the future.

We’ll work with you to create a pre-nuptial or post-nuptial agreement that reflects your vision for the future so you can move forward with confidence and peace of mind.

Frequently Asked Questions

For all sorts of reasons!  Sometimes it is to protect assets for children of a first marriage, or to protect family inheritance or wealth that is being passed down from one generation to the other.

It can also be for commercial reasons – to protect a family business, for example, to ensure it is ringfenced and kept intact in the event of a divorce.

It can be for a number of different reasons but rarely is it a sign that the couple are planning to get divorced.

If drafted properly, it should make provision for both parties involved, and not be one sided.

Pre-Nuptial and Post-Nuptial contracts should be upheld in Scotland provided they were “fair and reasonable” at the time they were entered into. Whether or not the terms were fair and reasonable in a legal sense will depend on a number of factors and so it is essential that such contracts are drafted by specialist family lawyers and that you take advice in plenty of time.

Whether you agree to this is entirely up to you. For a pre / post-nuptial agreement to be valid it has to be entered into by your own free will. You should not be forced to sign one.

If you are willing to agree to this, it is essential you get specialist advice to ensure that the Agreement also includes protection for you and that it is as fair as possible to both you and your partner.

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