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Prenuptial Agreements

Prenuptial agreements are becoming increasingly common in Scotland. As part of the “to do list for a wedding” or before setting up home together, it is sensible to consult a solicitor to ask if you need a prenuptial agreement.

In many cases prenuptial agreements can prevent future uncertainty and conflict. The Family Law team at Brodies LLP has considerable experience in the preparation of such agreements.

A prenuptial agreement is prepared before marriage. The aim is to provide financial security and certainty in the unlikely event of a future separation or divorce.

Prenuptial agreements are not just for the wealthy, the most common prenuptial agreement is one that protects or “ring-fences” pre-marital wealth.

Whatever your circumstances, if you have assets, or expect to receive assets, and you wish to protect those assets, you should seek advice from a lawyer on whether you should have such an agreement well in advance of your wedding or setting up home together.

Although they have never been fully tested in the Scottish courts, it is widely recognised that prenuptial agreements should be enforceable providing various conditions are satisfied.

If you are in any doubt at all, it’s certainly a good idea to ask a member of our Family Law team for advice.

If you have a question or enquiry then get in touch with our Family Law team

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