Pre-nuptial Agreement Lawyers Glasgow, Scotland

Marriage is an exciting milestone, but it also brings practical considerations, especially when it comes to protecting your assets and planning for the future. At Livingstone Brown, our experienced pre-nuptial agreement lawyers in Glasgow provide expert advice to help you safeguard your financial interests. Whether you are entering into marriage or a civil partnership, a well-drafted pre-nuptial agreement can offer clarity, security, and peace of mind. Contact us today to discuss your requirements through our online enquiry form or by calling our office.

The law is complex in this area, and independent guidance from one of our experienced family lawyers should be sought. Call our family lawyers on 0141 429 8166 or complete our online contact form.

What is a Pre-Nuptial Agreement?

A pre-nuptial agreement, often referred to as a "prenup," is a legal document entered into by a couple before marriage or civil partnership. It sets out how assets and debts will be divided in the event of separation, divorce, or dissolution of the partnership. While often associated with high-net-worth individuals, pre-nuptial agreements are increasingly popular among couples of all financial backgrounds who wish to protect their personal assets or business interests.

In Scotland, pre-nuptial agreements are legally recognised if they meet specific criteria. The courts generally uphold these agreements as long as they are deemed fair and reasonable at the time they were signed. This makes them an effective tool for avoiding uncertainty and disputes in the future.

Why Consider a Pre-Nuptial Agreement?

There are several reasons why couples choose to enter into a pre-nuptial agreement:

• Asset Protection: Safeguard assets acquired before the marriage, such as property, savings, or investments.
  
• Inheritance Planning: Ensure inherited wealth remains within your family.
  
• Business Interests: Protect ownership of businesses or professional practices.
  
• Debt Management: Clarify responsibility for debts incurred before or during the marriage.
  
• Second Marriages: Provide financial security for children from previous relationships.
  
• Future Financial Growth: Define how future income or assets will be treated.

By addressing these issues upfront, pre-nuptial agreements can reduce stress and conflict if the relationship ends.

How Do Pre-Nuptial Agreements Work in Scotland?

Under Scottish law, matrimonial property typically includes assets acquired during the marriage. However, property owned before the marriage, as well as gifts or inheritances received during the marriage, can be excluded from division if specified in a pre-nuptial agreement.

A properly drafted agreement can also account for:

• Increases in the value of excluded assets (e.g., property appreciation).
• Assets purchased with funds from excluded property.
• Future acquisitions such as bonuses, business profits, or additional properties.

For an agreement to be enforceable in Scotland:

1. It must be fair and reasonable at the time it was signed.
2. Both parties must have had independent legal advice.
3. There must be no pressure or coercion to sign.
4. Full financial disclosure must be made by both parties.

At Livingstone Brown, we ensure that all these requirements are met to maximise the likelihood that your agreement will be upheld in court.

Our Pre-Nuptial Agreement Services

Our team of family law solicitors specialises in drafting robust and comprehensive pre-nuptial agreements tailored to your specific needs. We offer:

• Initial Consultation: Understanding your circumstances and objectives.
• Asset Identification: Listing and valuing assets to be protected.
• Drafting & Negotiation: Preparing an agreement that reflects both parties’ wishes while ensuring fairness.
• Legal Advice: Explaining your rights and obligations under the agreement.

We also assist with post-nuptial agreements for couples who wish to put similar protections in place after their marriage has begun.

Common Scenarios for Pre-Nuptial Agreements

Pre-nuptial agreements can be particularly beneficial in situations such as:

• One partner owning significantly more assets than the other.
• One partner expecting a large inheritance or gift during the marriage.
• A business owner wishing to safeguard their enterprise.
• Couples entering second marriages with children from previous relationships.
• Couples purchasing property together but contributing unequally to its cost.

Whatever your circumstances, our solicitors will provide clear advice tailored to your situation.

Pre-Nuptial Agreement Frequently Asked Questions