Gibson Kerr Solicitors Blog

The Edinburgh firm, which specialises in a range of family law expertise, has highlighted how high-profile cases involving pre-nuptial agreements – including the divorce of German heiress Katrin Radmacher – have pushed pre-nups into the public consciousness so that they are no longer viewed as the sole preserve of millionaires or Hollywood stars.

And it adds that this increased exposure has led to growing numbers of couples approaching solicitors and family law firms in Scotland to enquire about how to set up a pre-nup before they marry.

The firm says that the agreements are proving popular among couples who choose to get married later in life, people with longstanding private business interests, or for couples who have children from previous relationships and want to "ring fence" their inheritances from any divorce settlement.

And it adds that, as statistics show that one in three marriages in the UK ends in divorce, many couples view making a prenuptial agreement is a prudent, rather than depressing, option to consider in their pre-wedding plans. Fiona Rasmusen, partner at Gibson Kerr, said: "Pre-nuptial agreements have historically been viewed with a lot of caution and skepticism by some couples, as they were seen as an admission that you thought something was going to go wrong with your marriage.

The boost in matrimonial cases has been fuelled by a rise in enquiries for divorce proceedings, pre-nups and financial settlements over the past year – which the firm believes have stemmed from the gloomy economic climate.

Fiona Rasmusen, partner at Gibson Kerr, said: "It's a tough economy at the moment and many people are worried about their jobs and their money. It's not only causing tensions among married couples over their assets, but it also means that divorcing couples are more determined than ever to get their fair share of their shared wealth.

Gibson Kerr says that although most couples don't want to think about the negatives when they're planning their big day, they should consider the extra security that a pre-nup will make in the event of a future marital emergency. The firm highlights statistics showing that one in three marriages in the UK ends in divorce – and says it that the stats show that making a prenuptial agreement is a prudent, rather than depressing, option for people planning to get married.