A common matter for parties to consider prior entering into marriage or a Civil Partnership is how they can protect their assets in the unfortunate event that they separate at a later date. This may seem like an unromantic approach, but entering into a Prenuptial Agreement, prior to marriage, or a Post Nuptial Agreement, during the period of the marriage, is a sensible way to ring fence assets in the event that you separate from your spouse or partner at a later date.
A Prenuptial Agreement is an agreement entered into by both parties prior to the marriage or Civil Partnership which regulates the couple’s assets and affairs in the event of separation. A Post Nuptial Agreement contains the same details, but would be entered into after the date of the parties’ marriage. The agreement would therefore narrate the division and distribution of your assets in the event of your separation.
Prenuptial and Post Nuptial Agreements are very useful as they include the details of how your assets and liabilities should be divided upon your separation. Once an agreement is validly executed, the terms of the agreement are legally binding upon both parties.
We would strongly recommend entering into a Prenuptial or Post Nuptial Agreement in the following circumstances:
While entering into a Prenuptial or Post Nuptial Agreement may be more suitable for parties who fall into one of the categories outlined above, entering into this form of agreement affords both parties protection as it allows them both to plan for and agree how their property would be divided in the event of separation. Having such an agreement in place while the relationship is amicable would also help avoid entering into protracted court proceedings at a later date, upon the parties’ separation. If parties have not entered into a Prenuptial or Post Nuptial Agreement and they do separate at a later date, the law provides a default position for how a family’s assets and liabilities should be split.
For expert legal advice regarding Prenuptial or Post Nuptial Agreements in Scotland, contact our Family Law Lawyers in Glasgow on 0141 221 1919 or fill out our online enquiry form here.
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