prenuptial agreement lawyers

Recent years have witnessed a change in how prenuptial agreements are viewed. Rather than being seen as a blemish on a new marriage, they are a sound way to avoid the high costs of litigation when a relationship ends. A prenuptial agreement, or “prenup”, is a written contract agreed upon by a couple before entering a marriage or civil partnership. If you would like advice on prenuptial agreements, contact our expert Family Law Team today.

What are prenuptial agreements used for?

The common uses for such an agreement are:

  • to remove certain assets from “marital property”, such as business assets, inheritance or savings accounts, that might otherwise be subject to default statutory rules of division on divorce;
  • to establish the division of property or assets upon death or divorce;
  • to arrange financial support to be paid from one partner to the other upon divorce; and
  • where the parties are living in different countries from one another.

Are prenuptial agreements legally binding? Can they later be challenged?

Under Scots law, prenuptial agreements are legally binding and may pre-empt any default divorce rules on the division of assets that would otherwise apply. However, there is leeway to have these agreements altered. Both parties can agree to amend the agreement at a later date. Where no such agreement can be reached, a prenuptial can be challenged on the basis that, when entered into, it was not “fair and reasonable”. If a court considers the agreement to be unfair or unreasonable, it may be set aside.

Proving an agreement was not fair or reasonable is a difficult one. The factors that could lead to such a finding include:

  • proximity of the agreement to the date of the wedding, suggesting a lack of time to consider the agreement fully;
  • lack of legal advice provided to one party; and
  • lack of financial disclosure by one party to the other.

Should I consult a lawyer before drafting or signing a prenuptial agreement?

As prenuptial agreements are legally binding in Scotland, it is important to consult a family law solicitor before drafting or signing one, and it is recommended that both parties consult independent legal advice. Because the parties are agreeing to deviate from the default law on divorce, prenuptial agreements can be highly complex and have far reaching implications for a couple’s children and future finances, and can restrict where either partner is able to live.

The Family Law Team at BBM Solicitors understands that discussions on the terms of prenuptial agreements have to be open, honest and appropriately resolved so they do not get in the way of a new marriage or civil partnership. We offer an integrated approach, incorporating money and tax advisors to ensure you have peace of mind regarding your future finances.

Contact our Prenuptial Agreement Solicitors, Caithness and Sutherland

We regularly advise clients across Caithness and Sutherland on prenuptial agreements. If you would like to speak with a solicitor from BBM’s specialist Family Law Team, please call our office on 01955 604188 or email This email address is being protected from spambots. You need JavaScript enabled to view it..

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