Nobody enters into a marriage or civil partnership intending to get divorced, however many couples prefer to prepare for the possibility of a relationship breakdown, and prenuptial agreements are becoming a normal part of preparing for marriage or a civil partnership.
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Prenuptial agreements are formal written documents, that outline what will happen to certain assets, should the marriage breakdown.
They essentially aim to ringfence some assets in order to stop them from becoming matrimonial property. This means they won’t be able to be shared in the event of a divorce.
Prenuptial agreements aren’t just for the rich and famous, and are legally binding in Scotland, which is why it’s important that you seek the advice of an experienced solicitor before entering into one. Our experts at Neil Kilcoyne Solicitors are here to help.
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Prenuptial agreements, also known as antenuptial or premarital agreements, are legal contracts made between a couple before they get married or enter into a civil partnership. These agreements set out how assets, finances, and property will be divided if the marriage or partnership ends in separation or divorce.
Prenuptial agreements are legally enforceable in Scotland, provided they are entered into freely and with full understanding by both parties. The courts generally uphold such agreements if:
In the event the prenuptial agreement does not meet these requirements, there is a chance it could be overturned. That’s why it’s vital that you attain expert legal advice from a prenuptial agreement solicitor before entering into an agreement.
A solicitor brings expert knowledge, helping you navigate the complex legal landscape with confidence. They ensure you understand your rights and responsibilities, empowering you to make informed decisions to secure your future.
A key aspect of making the agreement legally binding is that both parties receive independent legal advice. Your solicitor will not only protect your interests but ensure your partner has access to their own legal counsel.
The right solicitors will:
✅ Help you understand the law
✅ Tailor advice for your unique circumstances
✅ Ensure fairness and transparency
✅ Provide a clear and future-focused strategy
✅ Reducing stress
✅ Strategise to avoid costly disputes
Creating a prenuptial agreement with the help of a solicitor is not about mistrust—it’s about being responsible and proactive. Our expert solicitors will inspire confidence in your decisions, ensuring you take control of your financial future with dignity and foresight. They’ll be available to review and update your agreement if your circumstances change, and draw up a postnuptial agreement if the relationship breaks down, ensuring you remain protected throughout your marriage.
Matrimonial property refers to any assets acquired or accumulated during the marriage. This could include property, savings, pensions, investments, or debts.
Non-matrimonial property would be assets acquired or accumulated before the marriage, inheritances and gifts. However, this can become complicated when non-matrimonial assets are moved around during the marriage.
When this happens, essentially you are converting assets into matrimonial property. However, a prenuptial agreement seeks to block this from happening.
At Neil Kilcoyne Solicitors, we offer a comprehensive services to individuals experiencing a family law issue. No matter the situation, we can help. Contact our team of dedicated lawyers on our helpline to start getting the legal assistance you’re looking for. For a free telephone consultation, call us today.
Any sort of arrangements can be included in a prenuptial agreement, these include:
A prenuptial agreement gives both parties clarity on what will happen in the event of separation or divorce. It can be assumed that they are mainly for the very wealthy, however they can be particularly beneficial for couples who are marrying later in life or for the second time to protect any inherited of gifted assets in the future.
Our prenuptial agreement solicitors advise mentioning it early on in your relationship and make sure that it is signed and agreed upon well in advance of the wedding. We highly recommend obtaining independent legal advice before signing the agreement.
There is an option to enter a postnuptial agreement after you are married, however, there is a risk that if you wait until then, your new spouse may not want to sign.