Prenuptial Agreement Advice

Prenuptial Agreement Lawyer Edinburgh

A prenuptial agreement is a contract between a married couple which expresses what will happen if the couple separate in the future. This can protect your assets and make a difficult time easier.

Family Law Edinburgh are highly experienced in drafting prenuptial agreements. Contact us today to find out how we can help you. You can call us on 0131 322 1692 or complete our online enquiry form.

It is common for many people to have built up considerable assets before they get married, such as a home, savings or a pension fund. It is also increasingly common for parties to remarry and in this situation assets will likely have been accrued prior to remarriage. It may be that parties marrying wish to protect their assets for the benefit of their children from an earlier marriage or relationship. There are also cases where one party to the marriage is very wealthy or is due to inherit a lot of money and they may be anxious to ring fence their family wealth.

More and more couples are deciding to enter into a Prenuptial or Postnuptial Agreement to help to protect their assets in the future. A prenup is not an acceptance that the marriage will end in divorce or separation, it is a sensible way of planning for the future, should the worst happen.

Our solicitors are highly specialised family lawyers who are experienced in working with couples to produce well drafted Prenuptial Agreements to reflect their wishes.

What is a Prenuptial Agreement?

Such an agreement can cover a wide range of topics but usually it will focus on the division of property and matrimonial assets in the event of any future divorce. The focus is clearly on those assets in existence prior to the marriage. The main advantage is that the agreement brings certainty for parties should there be any concerns about protection of their assets due to marriage.

The law in relation to prenuptial agreements can be complex and clearly legal advice should be sought. Agreements can be enforced by the courts or at least used to ascertain the intentions of parties prior to marriage.

What is a Postnuptial Agreement?

Our solicitors also advise on Postnuptial Agreements. Such agreements are entered into by parties who have already married but wish to take steps to draw up an agreement in the event of any future separation or divorce. The reason why such agreements are put in place can be wide and varied. It may be that parents passing on property or assets to their married children would wish for there to be an agreement in place with their child and their spouse in the event of any future divorce by them.

Why enter into a Prenup?

Prenuptial Agreements have many benefits, including:

• Ring – fencing assets – when a couple separate, their matrimonial property will be divided. Matrimonial property is all property that is acquired during the marriage. This means that lines can be blurred and property that was non-matrimonial can become matrimonial over time. An example of this could be non-matrimonial property being sold and the proceeds of the sale being used to buy something that becomes matrimonial property and is therefore part of the property that will be split between the parties.
• Easier separation – divorce and separation is always a difficult time for a family. Having already put an agreement in place can help to make this time a lot easier.
• Money saving – many couples are understandably anxious to avoid court. Going to court to argue over matters and property that is highly personal to you be stressful and expensive. A prenup can help to prevent this.

Family Law Edinburgh Expert Prenup Advice

Contact our experienced family law team at Family Law Edinburgh for bespoke advice on your situation. We treat all enquiries with confidentiality, care and professionalism.

Call us on 0131 322 1692 or complete our online enquiry form.