Family Law AssociationThe Law Society of Scotland
Glasgow 01413751222
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Family Lawyers in Glasgow, Scotland

Prenuptial Agreements Lawyers Glasgow, Scotland

A Prenuptial Agreement, more commonly known as a ‘Prenup’, is a formal agreement which serves to protect important assets held by the parties prior to entering into their marriage. Prenups are becoming increasingly common in Scotland and are generally regarded as enforceable in Scotland provided certain requirements have been satisfied.

We understand that many people feel uneasy at suggesting a Prenup to their future spouse because it may be seen as unromantic or implying the relationship will eventually breakdown. We can provide advice as to how to broach the subject with tact and diplomacy in the wider context of how best to protect assets.

Prenups can be an excellent and effective way of avoiding costly litigation and the cost of such an agreement is modest in comparison. Our experienced solicitors can assist with the negotiation and drafting of such agreements so that both parties enter a marriage or a civil partnership fully aware of the consequences should the relationship breakdown.

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 (re-)marry 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.

Main requirements of a prenuptial agreement in Scotland

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:

  • one party obtains the signature through fraud
  • if one party gains undue advantage of the other
  • if the complete facts and truth were not disclosed to the other party
  • If one party did not fully understand the agreement because there no legal advice given to him/her at the time of the formation of the contract.

Therefore, as long as the correct procedures have been followed, a challenge to a properly prepared Prenup is unlikely to succeed.

Prenuptial Agreement Lawyers - Get In Touch Today

For expert advice tailored to your circumstances, contact our family lawyers today to discuss your own prenuptial agreement or make an online enquiry here.

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