For newly engaged couples intoxicated by the romance of Valentine's Day, one of the least likely topics to discuss over a candlelit dinner might be the prospect of entering into a prenuptial agreement.
The notion of even considering such agreements can seem to many the very antithesis of romance. Yet for some people the notion that there is some form of security in the event that things can go wrong might even help persuade them to commit to a relationship where they might otherwise be uncertain.
For those who have previously suffered a relationship breakdown, a prenup can offer peace of mind. Likewise, a widowed person with children might be concerned about the risks inherent in a second marriage to their children's future inheritance. Again, a prenup can offer reassurance that assets will remain available to provide for children and grandchildren in the future and not form part of a divorce settlement.
It can therefore sometimes help to think about a prenup as being like divorce insurance.
And like any insurance policy, you hope the calamity that would require it to be brought out of the filing cabinet will never occur.
In Scotland, there should be no difficulty with a prenup being declared enforceable provided certain conditions are met leading up to the agreement being signed. These include both parties making full and frank disclosure of the assets they do hold and being given the opportunity to receive their own independent legal advice. It is also usually important for the agreement to be signed well in advance of the wedding itself to avoid any suggestion of undue pressure being applied.