t: 0333 200 5925
Digby Brown Family Law
16 January 2017 by Roger MacKenzie, Head of Family Law
Prenuptial agreements have a long history in Scotland and, as long as they are fair and reasonable at the time they are entered into, there is no reason to think a court would not recognise the agreement in the event of a future separation and divorce.
It is important that both parties to the agreement get their own independent legal advice and that both have sufficient time to fully consider the terms and implications of the agreement prior to the wedding.
Full disclosure of all assets held by both parties requires to be made as part of the process.
In Scotland matrimonial property is defined as assets acquired by either spouse during the marriage and before separation, except by way of inheritance or gift from a third party.
So assets owned prior to marriage would not be classed as matrimonial property.
However, if you later bought a house or other assets with pre-marital funds, or by selling a house you owned before you met your future spouse, in law you would have converted that part of your own assets from non-matrimonial property to matrimonial property and your husband or wife could have a claim on it.
Even without a prenuptial agreement, the source of funds used to purchase the new asset can be looked at to justify the spouse introducing the funds receiving credit for the bulk of the value of the property.
However, a prenuptial agreement can provide that any asset bought during the marriage using funds from a person’s pre-existing assets would not become matrimonial property, providing protection and peace of mind.
The idea of a prenuptial agreement can seem unromantic. But another way to look at it is as representing sensible forward planning that takes account of specific circumstances.
The first step is seeking legal advice from a family solicitor to make sure the prenuptial agreement is fair and reasonable in the unfortunate event that the marriage breaks down.
Divorce or dissolution of a civil partnership can be a stressful and emotional experience.
We will provide help and guidance tailored to your circumstances about how you may wish to deal with the challenges ahead.
The collaborative process recognises that a painful, high conflict divorce can have long-term damaging repercussions for you, your family and wider friends.
Collaborative law steers you away from court.
A prenuptial agreement is a legal document that can protect your interests and assets before you enter into a marriage or into a civil partnership so that, in the event of a divorce, the agreement can be used to help settle any future disputes over who is entitled to what.
Moving in together can be an exciting time. As more and more couples take this step, a cohabitation agreement can be essential to protect assets and regulate who pays for what over the course of the relationship.
The legal position is often much less clear cut than divorce and strict time limits apply to bringing any claim arising from the end of a cohabiting relationship, so it is important to get legal advice at the earliest possible stage.
t: 0333 200 5925
(local rate, even from a mobile)