Prenuptial and postnuptial agreements offer a practical way of putting safeguards in place should a relationship come to an end. They are a legal tool that help a couple to protect their individual interests while providing clarity about what will happen if they decide to part ways. This may seem unromantic, but in reality it’s a prudent way of allowing both parties to continue in their relationship with their eyes fully open to the consequences should they separate or divorce.
Creating a pre-nup and post-nup in Scotland
Whether engaged, married or in a civil partnership, it’s possible for a couple to set down an agreement about what will happen should their relationship end. A pre-nuptial agreement (commonly referred to as a pre-nup) is one where the couple reaches an agreement prior to entering into a marriage or civil partnership. A post-nuptial agreement (commonly referred to as post-nup) is one where the couple have already formalised their relationship, either via marriage or civil partnership, and subsequently enter into an agreement about what will happen if they separate, divorce or seek a dissolution.
Irrespective of the stage the relationship is at (i.e. before or after entering into a formal legal relationship), a pre-nup and post-nup tends to address similar issues, such as what will happen to pre-established assets and how property such as the family home will be dealt with. Making provision for such eventualities greatly reduces the potential cost of any litigation should disagreements arise in the future. It can also be easier to make these arrangements prior to problems arising in a relationship.
Certain legal formalities must be complied with if the agreement is to be honoured should the relationship end. For example, both parties must receive independent legal advice, the negotiations leading to the agreement must be fair and based on full disclosure, and the terms must be reasonable and put into writing. Provided these and other criteria are met, parties are free to tailor an agreement that meets their needs and circumstances.
We can help you to negotiate, draft or review an agreement, ensuring that it reflects your circumstances, takes into account future plans and aspirations, and helps to avoid any confusion or conflict. We will also ensure that the terms don’t deviate too far from the law on financial provision and other matters, so that the rights of all those involved are both protected and respected in accordance with their respective legal positions should their relationship break down.
Contact our Pre-nuptial and Post-nuptial Agreement Solicitors – Ayrshire, Scotland
We strive to go above and beyond what is expected of a lawyer and take pride in being trusted advisors to our clients. Whatever advice and help you need concerning your relationship or family, please don’t hesitate to contact our approachable, loyal and reliable solicitors.
We have been serving the local community for over 30 years and are one of Ayrshire’s most respected law firms, with clients based across the county, in Skelmorlie and Stewarton, Largs and Fairlie, to Troon and West Kilbride, Ayr and Prestwick.
Legal Aid may be available.