Prenuptial Agreements in Scotland – Solicitor

A prenuptial agreement, or ‘ante-nuptial agreement’, is one formed before the union is formalised, via marriage or civil partnership. A postnuptial agreement is one formed after this event. It is a contract that allows the couples to resolve a range of issues that may arise during or at the end of the union.

Under Scots law, such agreements are enforceable. The courts will only interfere with the arrangements made between the couple privately if it is found that the agreement was not made in circumstances that can be considered fair and reasonable. The question is not whether the agreement itself is fair, but rather whether it was made under fair conditions. However, if the content of an agreement is unfair, this may be the first indication that the conditions under which it was made were unreasonable, particularly if one party was disadvantaged at the time it was entered.

Prenuptial and postnuptial agreements can prove hugely important in the event of separation. They can regulate how much money one person will receive in the event of separation or divorce. divorce and can also be used to ring-fence certain assets, protecting them from the other partner should they separate. It is therefore highly recommended that you seek legal advice before entering such an agreement, especially if considering a prenup or cohabitation agreement to ensure it is legally binding. The solicitors at Simplicity are family law specialists, and are happy to help draft the agreement itself.