Death of Romance or Being Realistic? A Pre-Nuptial Agreement is a Minute of Agreement which a couple can enter into before they enter into a marriage or civil partnership. The Agreement will typically contain provisions for division of assets and spousal maintenance/alimony in the event of divorce or relationship breakdown.
Pre-Nups in Scotland
It is worth considering a Pre-Nuptial Agreement if:
- You are marrying for the first time and wish to protect assets accumulated prior to the marriage;
- You have been through a divorce before and appreciate the usefulness of Pre-Nuptial agreements in reducing complications and legal expenses in the event of divorce;
- You have business or commercial assets you wish to protect
- You want to preserve assets for your children; in particular if they are children from a previous relationship
The law surrounding Pre-Nuptial Agreements has not been fully tested by the courts however they are becoming more socially acceptable and increasingly popular.
Critics say that Pre-Nuptial agreements undermine the doctrine of marriage/civil partnership as they prepare for the breakdown of the marriage/civil partnership before it has even begun.
However, with statistics telling us that 1 in every 3 marriages end in breakdown, are Pre-Nuptial Agreements a realistic and responsible step that must be taken before entering into a modern marriage?
At Miller Samuel Hill Brown, our Private Client Department are experienced in dealing with Pre-Nuptial Agreements. We therefore understand that a Pre-Nuptial agreement is a sensitive and important contract and must be dealt with accordingly.
- We offer clear and practical advice with no confusing legal jargon.
- We are knowledgeable about the merits and weaknesses of certain clauses in a Pre-Nuptial Agreements.
- We provide expert advice in negotiating such contracts.
- We will construct a Pre-Nuptial contract tailored to your specific needs and circumstances.
Pre-Nuptial Contracts and Divorce
Planning on getting married/entering into a civil partnership and would like more information about Pre-Nuptial Agreements? Already have a Pre-Nuptial Agreement and are considering divorce and would like advice? Contact our team of expert solicitors on 01412211919.