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Prenuptial agreements – or prenups – can give you peace of mind with some advanced wedding planning. They can be a positive thing if they’re done in a friendly and cooperative way and there are various reasons why it can be worth putting one in place.
A prenup (Scotland) is a contract between a couple, which is written and signed before marriage.
These prenuptial agreements can be as straightforward as you need them to be and they’re particularly important to consider where one or both parties has assets to protect.
They’ve become increasingly common in recent years, especially for those who already own property, who have a stake in a family business and want to protect that wealth from a future relationship breakdown or safeguard it for children from a prior relationship.
It’s often the case that the key individuals of a business have a prenuptial agreement put in place to avoid any impact on the business if a divorce occurs. Our experienced family law team can advise individuals or businesses on how these agreements can protect company or partnership assets.
We always recommend discussing this subject with your partner at an early stage. In Scotland, a correctly prepared and validly executed agreement in Scotland will usually be enforceable and legally binding, provided the agreement is fair and reasonable and neither party feels pressure to agree to a prenuptial agreement at short notice.
Our solicitors ensure that both parties enter the agreement with independent legal advice, tailored to their individual circumstances, and that the agreement complies with the requirements of the Scottish Courts.
We can also help with postnuptial agreements, which are signed during marriage, rather than before and cohabitation agreements for couples looking to move in with each other or to buy property together for the first time. These agreements often deal with matrimonial property and assets that are gifted or inherited.
If you’re looking for prenuptial or postnuptial agreements advice, you can seek legal advice by getting in touch with one of our expert family law solicitors today.
Contact us on 0131 270 7700, visit our offices in Edinburgh, Glasgow, East Lothian, Shetland or Orkney, or fill in our enquiry form to request a call back.
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