Pre-Nuptial Agreements


It is now widely acknowledged that Pre-Nuptial Agreements are not just for the rich. In Scotland, they are increasingly common for individuals who own assets – such as a property or business – before marrying and for those about to remarry. While there are many more people who could benefit from an Agreement, there continues to be several misconceptions about how these documents work.

Here, we aim to provide some clarity by answering some of the most commonly asked questions:

Our family law solicitors at James & George Collie regularly advise on how to safeguard your assets in the event your marriage or civil partnership comes to an end. We strive to help our clients draft clear and comprehensive contracts, which provide financial security and peace of mind. If you would like to find out more about our Pre-Nuptial Agreement services, please get in touch. See also Post-Nuptial Agreements.   

Why might I need a Pre-Nuptial Agreement?

A Pre-Nuptial Agreement ensures your and your partner’s wishes regarding the division of pre-existing and future assets are followed if your relationship breaks down. By addressing these matters in advance, you can avoid the significant expense and emotional hardship that often arises when dealing with these issues during a divorce.

You do not need to have considerable wealth for a Pre-Nuptial Agreement to be worthwhile. The clients we work with have assets of varying types and values. However, they share the wish to protect themselves and their families in case their circumstances change in future.

What assets can a Pre-Nuptial Agreement protect?

The Agreement can be tailored to suit you and your future spouse’s needs and there is no limit on the assets that can be included. Depending on your situation, you may wish to provide instructions on the following:

  • Properties
  • Investments
  • Savings
  • Business interests

Pre-Nuptial Agreements are flexible and can be used to negotiate and formalise many different arrangements – from ring-fencing assets, to the custody of pets.

When should I get a Pre-Nuptial Agreement?

It is sensible to begin negotiating and drafting the Agreement well in advance of your marriage, so you have time to consider the contents carefully. The more complex your financial situation, the earlier you should begin preparing the contract. If you are already married or in a civil partnership, you can draft a Post-Nuptial Agreement, which serves the same purpose.

Can a Pre-Nuptial Agreement be challenged?

Yes. If there is evidence that one party was pressured into signing the Pre-Nuptial Agreement or that the terms were not fair or reasonable at the time of signing, these grounds can be relied on to challenge the validity of the contract. It is, therefore, important that the Agreement is professionally drafted to minimise any question over its legality and interpretation. Further, both parties should receive independent legal advice.

Contact Our Pre-Nuptial Agreement Solicitors Based in Aberdeen & Stonehaven Today

For specialist legal support with preparing a Pre-Nuptial Agreement adapted to your personal circumstances, or for advice on any other family law related matter, please contact Duncan Love or Susan Waters by telephone on 01224 581581 or fill in our online contact form.

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