family law aberdeen prenuptial agreement

Prenuptial Agreement (Prenup) Lawyers Aberdeen

prenuptial agreement aberdeenFor expert Preuptial Agreement advice, please complete our on-line enquiry form or call us on 01224 515591.

Getting married is an exciting time when you plan your life with your future spouse, and it may seem odd to think about making provisions for what will happen if the relationship was to break down in the future.

Prenuptial agreements, more commonly known as ‘prenups’, are becoming increasingly popular.

Many couples see them as a way to protect themselves and their property, should the relationship break down in the future.

What are the benefits of a prenup?:

  • A prenup allows you and your partner to work together to come to an agreement about what will happen if you split up in the future. You may want to ring-fence a particular asset to prevent it being but into the pot of property that is divided between both parties or make a financial provision for one partner.
  • It can help to ease uncertainty about how your assets would be split if you separated in the future.
  • A separation or divorce can be an incredibly painful and stressful time for a family. Having already come to an agreement on key aspects of your divorce or separation can help make that time easier and can allow everyone to move on with their lives quickly.
  • A prenup can help to prevent the need for costly court battles over property if the relationship does break down.

Prenups may be entered into by people who have already acquired significant assets that they want to make sure will be protected if they were to divorce in the future. Sometimes one or both of the parties have previously been married and may have children whose inheritance they want to ensure is protected. Other common cases include people who have inherited significant sums from their family that they would like to ensure is ring-fenced if the relationship was to break down in the future.

Is a prenup valid in Scotland?

The law provides that when a couple separate, the finances will be divided in accordance with certain rules set down in the legislation. The law says that in the first instance that matrimonial property built up by the parties shall be shared equally between the parties unless there are special circumstances which justify an unequal division. Once such special circumstance (amongst many) is if there is an agreement between the parties as to the ownership of any matrimonial property or how it should be divided. So if you enter into a prenup and provided certain conditions about the entering into of that agreement are met, then a court can can certainly consider it.

It is vital however that at the point of entering into a prenup that you take proper advice from a solicitor as it is possible for the court to set aside or vary the terms of an agreement if it was not fair or reasonable at the time it was entered into. It is therefore vital that great care and attention is taken at the point you are drafting a prenup to ensure it has the best chance of being taken into consideration in the event of a future separation.

Our expertise

Family Law Aberdeen are a team of forward thinking family lawyers who provide clear and confidential advice on all areas of family law. Our team is highly experienced in assisting couples to draft pre and postnuptial agreements that suit their particular needs so contact us today to find out how we can help you.

Each individual should appoint their own solicitor to represent them in the drafting of the above agreements to ensure they have each been independently advised. For advice on pre-nuptial or cohabitation agreements, whether they are suitable for your circumstances and how we can help, please complete our online enquiry form or call us on 01224 515591.

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