It can be particularly useful for those individuals who own assets at the time of marriage or who already have children from a previous relationship, as they can ring-fence specific assets against a claim of divorce or dissolution of civil partnership.
So-called ‘silver prenups’, for those individuals who remarry later in life, not only allow parties to protect the property they bring into a marriage from divorce but also from the laws of inheritance. This way, upon death, their estate would pass to their own children and not their new spouse’s children.
A postnuptial agreement is entered into after marriage or civil partnership has taken place but is enforceable in the same manner as a prenuptial agreement.
There is no case law at all on the enforceability of prenuptial agreements in Scotland but the relevant legislation makes it clear that agreements seeking to regulate financial provision on divorce are binding, provided that they are “fair and reasonable.”
The courts may interpret an agreement as unfair and unreasonable when:
As long as the correct procedures have been followed, a challenge to a properly prepared prenup is unlikely to succeed.
Jones Whyte family law solicitors have experience in many different areas. Our specialist solicitors can advise on:
Contact Jones Whyte today, to discuss any family law matters.