Prenuptial Agreement Solicitors Glasgow

Prenup lawyers in Glasgow

A prenuptial agreement, often called a prenup, is a written contract signed by a couple before their marriage. It sets out what should happen to their property, savings, pensions and other assets if they separate or divorce. Prenups are no longer just for the very wealthy. Many couples use them to protect a home, a business or family money, or to make sure children from a previous relationship are looked after. They are increasingly common among couples marrying later in life, who often bring more assets into the marriage.

In Scotland, the courts give prenuptial agreements real weight. A family law solicitor will explain how Scottish law works, draft a tailored legal document that reflects what you both want, and make sure the legal requirements are met so the agreement is as secure as possible. A prenuptial agreement in Scotland gives you both financial clarity from the start.

Are prenups legally binding in Scotland?

Yes, in most cases, the agreement is legally binding. Under section 16 of the Family Law (Scotland) Act 1985, a court can only set aside or vary an agreement about financial provision if it was not fair and reasonable at the time it was entered into. The court looks at how the agreement was made, not simply whether the outcome seems generous to one side.

The court will consider whether one partner was put under pressure, whether either of you was at a disadvantage, whether you both had independent legal advice, and whether you both knew the full financial picture. An agreement that looks very one sided may prompt the court to look more closely at how it was made, so careful drafting matters.

Why couples in Scotland choose a prenup

Scots law already treats property owned before the marriage, and gifts or inheritances from third parties, differently from matrimonial property. But the rules are not always simple, and a prenup gives you certainty. It is particularly useful if:

• you own a home before the marriage that will become the family home
• you own a business, or shares in a family company
• you expect to receive an inheritance or family money
• one of you earns, or is likely to earn, much more than the other
• you have children from a previous relationship
• you want to ring fence certain assets, such as family heirlooms or investments
• you may live or divorce outside Scotland, where different rules apply

A prenup cannot decide where children will live, or stop either parent from claiming child maintenance in the future. Arrangements for children are always decided on the best interests of the child at the time.

Postnuptial agreements

A postnuptial agreement does the same job, but is signed after the wedding. Couples often make one if they did not have time for a prenup, if their circumstances have changed, such as starting a business or receiving an inheritance, or to update an existing prenup. A prenuptial or postnuptial agreement is judged by the same fair and reasonable test, so the same care is needed with advice and disclosure.

Our family lawyers draft both prenuptial and postnuptial agreements, and the advice is much the same whether you are entering a marriage or civil partnership.

Civil partnership and cohabitation agreements

Couples registering a civil partnership can make an equivalent agreement before registration. Read more about our advice on civil partnerships.

If you plan to live together without marrying, a cohabitation agreement can set out who owns what and what happens if you separate. Unmarried couples have far fewer rights than married couples in Scotland, so an agreement can be especially valuable. Find out more about cohabitation agreements.

How we prepare a prenuptial agreement, step by step

When should you start?

As early as possible. There is no fixed deadline in Scots law, but an agreement signed in the weeks before the wedding, when invitations have gone out and plans are in place, is easier to challenge. We recommend starting at least three months before the wedding to allow time for disclosure, advice and negotiation.

It is also a good time to review your will, because marriage can change who inherits your estate. Read more about making a will.

Why choose Simplicity Legal for your prenuptial agreement?

• Experienced family lawyers who are also divorce solicitors, so we know how agreements are tested
• Agreements drafted to stand up if they are ever challenged
• A sensitive, practical approach to a personal conversation
• Plain English advice and clear costs
• Regulated by the Law Society of Scotland

Contact our prenuptial agreement solicitors in Glasgow

If you are planning to marry and want peace of mind about financial matters, we would be glad to help. It is always best to seek legal advice early. Call 0141 433 2626 or request a callback, and a member of our family law team will be in touch. We also have offices in Edinburgh and Dumfries. Please note that we do not offer legal aid. Clarity Simplicity Ltd is regulated by the Law Society of Scotland. This advice does not apply to England and Wales.

Read our guide to prenuptial agreements in Scotland, or find out about a separation agreement and the divorce process.

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