Prenuptial Agreements

These are becoming more prevalent now and are important for couples where either or both of them have assets. They can be used by both couples marrying and same sex couples entering into a civil partnership. This sort of agreement is intended to regulate the division of assets in the event that the relationship does not last and a divorce or dissolution is contemplated in the future.

Although it can feel uncomfortable to raise the question of such an agreement when you are about to get married, it can give a lot of peace of mind to both parties and can save a lot of heartache further down the line.

Some couples want to enter into a formal agreement with their partner setting out their rights and responsibilities in the event of separation or divorce ahead of their legal marriage.

Such an agreement can be prepared and enforced under the Family Law (Scotland) Act 1985. However, the existence and content of such an agreement is more likely to be recognised by the Scottish Courts if it has been legally entered into and executed. We can help in the preparation of such a document.