No happily married couple wants to plan for divorce. However, spouses or civil partners who create a postnuptial agreement will be offered clarity and peace of mind regarding the financial consequences of a future divorce quickly and simply.
The expert family law solicitors at Miller Samuel Hill Brown are well aware of the additional scrutiny that couples living in the public eye will come under. We have extensive experience acting on behalf of celebrity couples on a range of family law matters so you can be confident of a service that is clear, pragmatic and discrete. We can support you to put in place a practical agreement that protects your personal position, as well as your privacy and reputation.
Formal agreements have, for many years, been used by famous and high net worth couples to afford financial security in the event of a break-up. With divorce rates increasing and the substantial assets held by these individuals, having a postnuptial agreement in place is a sensible precaution to take. These agreements ensure that the views and wishes of both parties will be recorded at a time when they are thinking clearly, enabling couples to identify and separate assets without the need for expensive and high-profile court proceedings.
Our family solicitors can offer comprehensive support on all matters relating to postnuptial agreements. We understand that the needs of our celebrity clients are unique – we can provide strategic advice that is specifically tailored to your circumstances, working closely alongside you to establish the issues you consider most important as part of our client-focused approach.
We can offer as much or as little advice as you determine necessary when it comes to drafting your postnuptial agreement. Some couples may wish to decide the terms of the agreement themselves, relying on the support of our family law team only to put their wishes in the form of a binding agreement. In other cases, we can take the lead in negotiating with your spouse or partner's solicitor to establish consensus through meetings, written correspondence or by telephone. Whatever approach you wish to take, our solicitors will be happy to help.
We can assist in the financial disclosure process that is required in pursuit of a binding postnuptial agreement. As a full-service law firm, our family law team can work with colleagues in other specialisms such as private client, tax planning and business law so that you can be sure that the arrangements you put in place offer the highest level of security going forward.
Whatever your circumstances, speak to one of our experienced postnuptial agreement lawyers to arrange an appointment today.
A postnuptial agreement has much in common with the more widely known prenuptial agreement. Whereas ‘prenups' are prepared before a couple marries or enters into a civil partnership, ‘postnups' are drafted afterwards. These agreements are considered a simple and less expensive way of deciding on financial arrangements and provisions should the couple separate in the future. Reaching an agreement after a break-up can often be challenging and stressful, with the risk that disputes between parties can escalate to the point where the only option is to have matters determined by the court. Postnuptial agreements allow these arrangements to be made at an earlier stage, avoiding any unnecessary conflict and acrimony.
Are postnuptial agreements legally binding in Scotland?
Yes, postnuptial agreements are legally binding in Scotland. They are seen to be a type of ‘marriage contract', which the Scottish courts have recognised for many years. As such, a postnuptial agreement will be taken into consideration when it comes to achieving a financial settlement following a break-up.
Famous couples will be aware of the publicity that can be generated by a high-profile divorce. These types of separation can have a significant impact on the perception, reputation and careers of those involved, as well as on children and close family members. Having a postnuptial agreement in place allows matters to be dealt with privately, avoiding rumour, speculation and press intrusion.
If the couple has children, the main priority for all parties will be ensuring they are well cared for and that their lives will suffer as little disruption as possible as a consequence of the separation. Postnuptial agreements enable specific plans to be made in this regard, both in terms of providing financial support for children as well as making decisions about where the children should live and contact arrangements. Making these decisions at the earliest possible stage will allow you and your spouse to reach an agreement in a straightforward and clear-headed manner, away from the media's gaze.
The wealth enjoyed by celebrity couples can make reaching an agreement following a separation difficult. Deciding how high-value assets such as property, investments, pensions and business interests are to be divided can be tricky, with added complications if some of these assets are held overseas. Our solicitors will take a strategic approach, advising on the best solutions for clients looking to protect their wealth as well as those who wish to receive their fair share should the marriage end in divorce.
Our lawyers are experts when it comes to preparing and drafting postnuptial agreements for celebrities, performers and sportspersons amongst many others. We always endeavour to handle matters professionally and sensitively, offering clear, straightforward advice delivered in plain English to help you make the right decisions for you and your family. Our solicitors are friendly, approachable and flexible – we are happy to arrange appointments at a time and location that suits you and are always on hand to answer any questions you may have as quickly as possible.
Based in Glasgow City Centre, our family lawyers also help clients in Glasgow's West End, South Side, Paisley and across Renfrewshire, Lanarkshire and Central Scotland. Let us help you. Please contact our specialist family lawyers on 0141 413 9618 or fill in our online contact form.