Earlier this month, after it was revealed that the couple had married, details of Angelina Jolie and Brad Pitt’s prenuptial agreement began to surface. Amongst other things, it was reported that an adultery clause was included granting primary child custody to Angelia should Brad be unfaithful, and that they maintain separate ownership of assets brought into the marriage.
While prenuptial agreements were once seen as only necessary for the rich, their practicality is increasingly being embraced by couples from all walks of life, who see the benefit of protecting their assets and family life should they separate.
Prenuptial Agreements in Scotland
Prenuptial agreements, also known as ante-nuptial agreements in Scotland, are written documents that set out the division of assets and family arrangements should a marriage or civil partnership come to an end. They often define what is and isn’t to be considered shared property, and make financial arrangements in the event of separation.
Scots law treats prenuptial agreements as contracts. This means their terms are likely to be upheld provided both parties freely entered into the agreement and the terms are lawful. However, under the Family Law (Scotland) Act 1985, a party can apply to the court to alter the terms or have the agreement set aside. The courts will do this if the agreement is unfair or unreasonable, or offend against the basic principles of the formation of contracts.
Despite this caveat, prenuptial agreements are more likely to be upheld in Scotland than in the courts in England & Wales. This is because the courts south of the border may set aside an agreement where its terms aren’t ‘fair’ at the time of divorce, whereas the Scottish courts look to the position of the parties at the time the agreement was made.
Prenuptial Agreement Drafting from Specialist Family Lawyers
Whether you’re a high net worth individual, have distinctive pre-marriage assets, marrying in later life or want to re-marry, we can help you carefully draft a prenuptial agreement. Complete our enquiry form to see how we can help.
