Pre-Nuptial & Post-Nuptial Agreements

Until recently there has been no culture of Pre-Nuptial Agreements in Scotland but that is changing rapidly as individuals, particularly those who are entering marriage or civil partnership with pre-established wealth, look to maximise the opportunity to protect that wealth in the event of subsequent separation, divorce or dissolution. This can be particularly important if there is the possibility of future separation, divorce or dissolution in more than one jurisdiction.

The advent of the Civil Partnership Act has seen the arrival of Pre-Civil Partnership Agreements. Situations can also arise where a couple wishes to regulate their financial arrangements at a later stage in the relationship and in those cases we are happy to prepare a Post-Nuptial Agreement or Post-Civil Partnership Agreement.

Although the matter has not yet been fully tested by the Courts in Scotland, Pre-Nuptial and Post-Nuptial Agreements and their civil partnership equivalents are believed to be enforceable here. Recent cases in England have suggested that they are becoming more acceptable there as well. We can advise on all aspects of Pre-Nuptial and Post-Nuptial Agreements and their civil partnership equivalents including those with a cross-border or international dimension.

It is appreciated that the concept of the ‘Pre-Nup’ carries particular sensitivity. We have experience in handling those delicate issues. In circumstances where a party is reluctant to sign a Pre-Nuptial Agreement, assets held at the point of marriage can be detailed in a sworn Affidavit. This can provide a useful record of the pre-marital position in the event of separation and we can assist with the preparation of such documents.