There is often a misconception that pre and post-nuptial agreements are only for the rich and famous – celebrities who want to safeguard their millions in case of a high profile break up. However, this is very much not the case.
At Andersonbain, we know that many of our clients could benefit from pre and post-nuptial agreements. These agreements are an excellent way of ensuring that you protect your assets and ensure that everyone understands how assets would be dealt if you decide to separate. Pre- and post-nuptial agreements are becoming increasingly common. If you want to obtain some legal advice on these matters, do not hesitate to get in touch.
What Do I Need to Know About Pre And Post-Nuptial Agreements?
Generally speaking, these agreements are simply contracts. They set out how the assets of the couple will be distributed upon separation. The agreements may cover all the couples' finances and assets, or may simply focus on particular assets, such as inherited property or property used as part of a business.
In Scots law, when a couple separates, the matrimonial property of a couple will normally be divided based on fairness. However, by having an agreement in place, a couple can explicitly set out how they want their property to be divided on separation.
Is it a valid contract?
Some people think that pre and post-nuptial agreements are not valid in Scotland. This is not the case but certain safeguards will need to be in place. For example, it will need to be shown that, when the agreements were entered into, there was no pressure or coercion for either party to sign and that the agreements were fair and reasonable. It is also important to show that both parties had access to legal advice.
This is why it is essential to have excellent legal advice from the outset. As expert family lawyers, our team are well-versed in all areas of the law. We can advise you on how to proceed if you wish to enter into an agreement of this type and advise on the safeguards that should be in place to ensure the contracts withstand legal scrutiny in the future.
Contact our Pre and Post-Nuptial Agreements Lawyers in Aberdeen & Edinburgh, Scotland
At Andersonbain, we understand how difficult it can be to navigate this area of law without support. We are here to help. We can offer advice on pre and post-nuptial agreements and on how they could work for you and your relationship.
If you need advice on family law including divorce, dissolution, cohabitation and child law contact us today. Our expert team of family law solicitors are on hand to help you on 01224 456 789 (Aberdeen), 0131 228 2000 (Edinburgh) or complete our online contact form.