Prenuptial, Pre-Civil Partnership, Post Nuptial and Cohabitation Agreements are a practical step which can be taken to protect an individual's assets in the event of divorce, the ending of a civil partnership or separation from a cohabitant.
Contrary to popular belief, Prenuptial and Pre-Civil Partnership Agreements (both referred to as"prenups") are regarded in Scotland as being enforceable. Generally speaking they are used to provide added protection to an individual getting married with pre-established assets. Prenups can also determine how property such as a family home will be dealt with in the event of divorce. Our divorce lawyers are happy to advise on all aspects of prenups.
Post Nuptial Agreements
Occasionally a married couple decide to make specific financial arrangements to be applied in the event that they separate. Alternatively, parents passing assets to an adult child who is already married may wish to ensure that such assets are protected in the event of the separation or divorce. In such situations, a Post Nuptial Agreement can be entered and we can give full advice in this field.
Where a cohabiting couple separate, each cohabitant has the potential to make a claim for financial provision against the other cohabitant for a period of up to one year following separation. Many cohabiting couples wish to regulate in advance of setting up home together the arrangements which will apply in the event of their separation. For example, it may be decided to preclude all claims by each party against the other in the event of separation, or it may be necessary to make arrangements with regard to how the proceeds of sale of the family home should be divided, particularly where one party has contributed a greater share of the equity than the other. Our family law solicitors are experienced in preparing such Cohabitation Agreements and are happy to advise on all aspects of this type of work.