Prenuptial agreements are drafted as written agreements which allow couples to agree upon what will happen if they enter into a marriage or civil partnership and that marriage or civil partnership later breaks up.
Pre-nuptial Agreement Lawyers Stirling & Tillicoultry
Prenuptial agreements allow for the variation or amendment of what would normally happen by default under family law in Scotland in the event of the breakdown of a marriage or civil partnership.
Prenuptial agreements can be drafted by a family lawyer to specify what would happen with assets, future earnings, how property is divided up and the level of financial provision upon separation.
It recommended that both parties have individual legal representation from their own family law solicitors when a prenuptial agreement is drafted. Generally, the family law courts in Scotland may recognise the validity of such agreements and will be more likely to recognise their validity if the agreement is fair and reasonable for both parties.