• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Edinburgh 0131 202 7516
Glasgow 0141 404 0436
  • Home
  • Blog
  • About Us
  • Testimonials
  • Contact Us
  • Fees 

Gibson Kerr

Personal, Family Law & Property

Edinburgh 0131 202 7516
Glasgow 0141 404 0436

Make an enquiry

We will call you back

  • Divorce & Separation
    • Divorce in Scotland
    • Separation Agreements
    • International Divorce
    • Cohabitation Rights Scotland
    • Dissolution of Civil Partnerships in Scotland
    • How Can I Resolve My Divorce Dispute?
    • Fixed Fee Family Law Promotion
  • Prenups & Cohabitation
    • Cohabitation Agreements
    • Civil Partnership Agreements
    • Prenuptial Agreements
    • Postnuptial Agreements
  • Child Law
    • Child Residence & Contact Scotland
    • International Relocation of Children
    • Adoption
    • Child Abduction
    • Dispute Resolution Options
    • Hague Convention
    • Education Law
  • Wills & Estate Planning
    • Intestacy
    • Wills & Will Writing
    • Executries
    • Living Wills
    • Unmarried Couples’ Rights on Death
    • Claims on Inheritance by a “Common Law Spouse” (Cohabiting Partner)
    • Probate in Scotland
    • Power of Attorney
    • Guardianship Orders
    • Intervention Orders
    • Estate Planning
    • Cost of Care
    • Trusts
    • Foreign Estates with Assets in Scotland
    • What Happens When Someone Dies in Scotland?
    • Fixed Fee for Wills and Power of Attorney
  • Financial & Tax
    • Financial & Tax Planning
    • Inheritance Tax
    • Insurance Advice
    • Settlement Agreements
  • Residential Property
    • Properties for Sale
    • Buying Property
    • Selling Property
    • Videos: Buying and Selling Property
    • Joint Purchaser Agreements
    • Equity Release
    • Mortgage Advice
    • LBTT / Stamp Duty Scotland
    • Property Transfers
    • Home Reports
    • How to Present Your Property for Sale
    • Boundary Disputes Solicitors
Blog

Changing Attitudes Mean Pre-Nups are no Longer for the Rich and Famous

12th April 2012 Posted Under: Divorce

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.

Most people who were about to tie the knot just didn’t want to think that anything bad would happen in the future – so just wouldn’t even consider a prenup. “However, things are changing now and we’re seeing more people seriously thinking about making a prenuptial agreement as part of their wedding plans. They have become more socially acceptable and are now viewed as a sensible option to consider. “Many couples are getting married in later life, and they will often have individual business interests acquired before they became partners. They may also have children from another marriage or relationship, and these are all good reasons to consider a prenup – as the agreements can save you from a lengthy court battle if your marriage goes wrong down the line. “Recent stats also show that one in three marriages is likely to end in divorce, so it’s a sensible step to consider a pre-nuptial agreement. You may think that you’re admitting defeat but, in reality, you’re making a wise financial move to safeguard yourself if the worst happens.”

The firm advises couples to talk to each other about the option of making pre-nups well in advance of their wedding date, so they have plenty of time to decide if these agreements are right for their situation.Among the examples highlighted when pre-nups can be beneficial include: “ring-fencing” or preserving inherited wealth for future generations, safe-guarding any assets acquired before your marriage and protecting private business assets. Fiona added: “No-one likes to think about the worst case scenario when they’re planning their wedding and broaching the subject with your partner can be the hardest part in the whole process of making a pre-nup. However, by sitting down and discussing how the agreement will help protect both your assets, as well as avoiding uncertainty in the future, you will be able to highlight the benefits rather than the negatives.

“Remember that the earlier you discuss the subject, the better – and bear in mind that both parties have to be given the opportunity to take proper and full legal advice before signing. “If you think a pre nup is right for you, it is very important to make arrangements early so that things are not left to the last minute just before the wedding. A spouse who is asked to sign a pre nup at the last minute may be able to argue later that it was unfair due to the pressure of the situation. “Another important thing to remember is that you should not try to set up a pre-nup yourself. Although there are many websites offering knock-down rates for “DIY” pre-nups and it’s tempting to try and save money by trying to fill in the paperwork yourself – particularly if you have the expense of a wedding to think about – it is not worth the risk. “You shouldn’t fall for the cheap option when securing your future. Always get legal advice from an expert, who will be able to show you the correct way of drafting a prenuptial agreement. “A good family law firm will give you impartial advice on whether a prenuptial agreement is right for you and, if so, what the best way is to set one up.

Related

Divorce and Separation Aftercare

Divorce and Separation Aftercare

3rd November 2022

Top 5 tips for achieving an amicable divorce

Top 8 Tips for Achieving an Amicable Divorce

2nd December 2021

Are liferents matrimonial property

Are liferents matrimonial property for the purposes of divorce?

18th August 2021

Primary Sidebar

Blog Categories

  • Careers in Law
  • Child Law
  • Divorce
  • Education Law
  • Elderly Care
  • Executries
  • Family Law
  • Financial & Tax
  • Guardianship
  • News
  • Personal Law
  • Power of Attorney
  • Prenuptial and Cohabitation Agreements
  • Property
  • Property Transfers
  • Separation
  • Trusts
  • Uncategorised
  • Wills

Latest posts

Family Law Association AGM 2023

15th November 2023

What’s happening in the East Central Scotland property market in Autumn 2023?

6th October 2023

Aspiring law student spends a week with Gibson Kerr

30th June 2023

Footer

Edinburgh 0131 202 7516
Glasgow 0141 404 0436

Make an enquiry

We will call you back

Locations

Edinburgh

Family Law, Personal Law
&
Property Law

6 Randolph Crescent
Edinburgh
EH3 7TH

t: 0131 202 7516
f: 0131 557 5215

dx: 551100 Edinburgh 7

e: edinburgh@gibsonkerr.co.uk

Open: 8:30-17:00, Monday - Friday

Glasgow

Personal Law & Family Law

1 West Regent Street
Glasgow
G2 1RW

t: 0141 404 0436

e: glasgow@gibsonkerr.co.uk

Open: 8:30-17:00, Monday - Friday

  • Family Law
  • Personal Law
  • Property Law
  • Home
  • Blog
  • Disclaimer
  • Cookie Policy
  • Privacy Policy
  • Legal Notice

© 2023 Gibson Kerr · Site by Kate Amann

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept All”, you consent to the use of ALL the cookies. However, you may visit "Cookie Settings" to provide a controlled consent. See our cookie policy.
Cookie SettingsReject AllAccept All
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checkbox-advertisement1 yearSet by the GDPR Cookie Consent plugin, this cookie is used to record the user consent for the cookies in the "Advertisement" category .
cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
CookieLawInfoConsent1 yearRecords the default button state of the corresponding category & the status of CCPA. It works only in coordination with the primary cookie.
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
CookieDurationDescription
_ga2 yearsThe _ga cookie, installed by Google Analytics, calculates visitor, session and campaign data and also keeps track of site usage for the site's analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognize unique visitors.
_gat_gtag_UA_110715042_11 minuteSet by Google to distinguish users.
_gcl_au3 monthsProvided by Google Tag Manager to experiment advertisement efficiency of websites using their services.
_gid1 dayInstalled by Google Analytics, _gid cookie stores information on how visitors use a website, while also creating an analytics report of the website's performance. Some of the data that are collected include the number of visitors, their source, and the pages they visit anonymously.
CONSENT2 yearsYouTube sets this cookie via embedded youtube-videos and registers anonymous statistical data.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
CookieDurationDescription
_fbp3 monthsThis cookie is set by Facebook to display advertisements when either on Facebook or on a digital platform powered by Facebook advertising, after visiting the website.
fr3 monthsFacebook sets this cookie to show relevant advertisements to users by tracking user behaviour across the web, on sites that have Facebook pixel or Facebook social plugin.
IDE1 year 24 daysGoogle DoubleClick IDE cookies are used to store information about how the user uses the website to present them with relevant ads and according to the user profile.
test_cookie15 minutesThe test_cookie is set by doubleclick.net and is used to determine if the user's browser supports cookies.
VISITOR_INFO1_LIVE5 months 27 daysA cookie set by YouTube to measure bandwidth that determines whether the user gets the new or old player interface.
YSCsessionYSC cookie is set by Youtube and is used to track the views of embedded videos on Youtube pages.
yt-remote-connected-devicesneverYouTube sets this cookie to store the video preferences of the user using embedded YouTube video.
yt-remote-device-idneverYouTube sets this cookie to store the video preferences of the user using embedded YouTube video.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT
Powered by CookieYes Logo