Prenuptial Agreements

A Prenuptial Agreement (which are also known as ante-nuptial agreements) is an agreement made by a couple prior to their marriage to regulate matters should they divorce.

The content of a prenuptial agreement can vary widely but commonly includes provisions for the division of property upon divorce and any rights to aliment during or after the breakdown of marriage.

Pre-nuptial agreements are becoming increasingly popular in Scotland, particularly for those who have established their assets prior to the marriage and for those who are intending to re-marry. Many people also wish their assets to be protected for their children of any previous marriage.

Q: What are the benefits of a prenuptial agreement?

A: The main advantages of entering a prenuptial agreement are peace of mind and clarity as to what would happen in the worst case scenario of divorce. For an individual who has considerable assets it is sensible to at least consider a prenuptial agreement.

Q: Are prenuptial agreements enforceable?

A: Prenuptial agreements are generally thought to be enforceable in Scotland although careful drafting is required to ensure this. The position is less clear in England, with the courts tending to take the view that pre-nuptial agreements are not enforceable. It is therefore important to obtain professional advice where cross–border issues are present.

Q: I am planning a civil partnership – is there an equivalent to a prenuptial agreement which I could enter into?

A: It is indeed possible to enter an agreement with your intended civil partner, which would regulate matters should you separate or in the event that your civil partnership is dissolved. As civil partnerships are still relatively new, it is important to take advice as to the legal implications of entering into this type of union.