Pre-Nuptial Agreements

Pre-Nuptial Agreement Solicitors in Scotland

A pre-nuptial agreement protects the personal and financial assets of both parties in the event that a marriage or civil partnership breaks down. At Kee Solicitors, we guide you through the process with sensitivity and expertise.

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Pre-Nuptial Agreements in Scotland

Agree how particular assets should be treated while the relationship is strong and the position is clear.

A pre-nuptial agreement, often called a prenup, is a contract entered into before marriage or civil partnership. It can record how existing property, future growth, inherited wealth, a business, a farm or contributions to the family home should be treated if the relationship later ends.

In Scotland, a pre-nuptial agreement can carry significant legal weight, but it is not made immune from review simply by being signed. Under the Family Law (Scotland) Act 1985, the court can set aside or vary an agreement about financial provision if it was not fair and reasonable when it was entered into.

80+
Years of Combined Legal Experience

A team with extensive experience across the full range of family law.

3
Offices Across Scotland

Glasgow, Aberdeen and Edinburgh, with telephone and video appointments available throughout Scotland.

£250+VAT
Fixed-Fee Initial Consultation

Focused advice from a family solicitor, followed by a written assessment and a tailored fee estimate.

100%
Specialist Family Law Focus

A dedicated family law team handling everything from straightforward separation to complex financial and child law disputes.

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What Does Our Pre-Nuptial Agreement Service Include?

At Kee Solicitors, we draft pre-nuptial agreements that are tailored to your individual circumstances. Our team takes the time to understand what matters most to you and produces a clear, legally considered agreement that gives both parties peace of mind ahead of marriage.

When a pre-nuptial agreement is useful and how to make it robust.

Agreements are commonly used where one person brings substantially greater assets to the marriage, owns a business or family farm, expects to receive an inheritance, has children from an earlier relationship, or is contributing more to a property purchase. They can also provide clarity for couples whose finances are relatively straightforward.

The agreement should be based on accurate financial information and drafted for the particular Scottish assets and risks. Each person should have independent legal advice and enough time to consider and negotiate the terms without pressure. Signing close to the wedding, withholding material information or imposing one-sided terms can undermine the agreement.

The document can distinguish non-matrimonial property, regulate contributions, address growth or replacement assets and set out how defined property should be treated. It cannot finally determine future child welfare issues, and cross-border assets or residence may require advice in other jurisdictions.

We draft agreements for the person seeking protection, advise the other party independently when a draft has been proposed, and review existing prenups when circumstances change or separation occurs.

Pre-Nuptial Agreements
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Our Team

Our Dedicated Team of Family Law Experts

Precise, Not Standard

Strong protection comes from fair process and precise drafting, not a standard template.

We begin by identifying the asset, the risk and the result you want the agreement to achieve. We then consider disclosure, valuation, tax, succession and how the wording interacts with the Scottish matrimonial property rules.

The process should start well before the wedding or civil partnership. That gives both parties time to obtain advice and improves the practical and legal strength of the final agreement.

Our one-hour fixed-fee initial consultation costs £250 + VAT. You will receive focused advice from a family solicitor, a written assessment of your position and a tailored estimate for any further work.

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FAQs

Frequently Asked Questions: Pre-Nuptial Agreements in Scotland

Common questions about pre-nuptial agreements and how they work in Scotland.

Are pre-nuptial agreements legally binding in Scotland?

They are recognised as contracts and can be highly persuasive. A court may set aside or vary an agreement about financial provision if it was not fair and reasonable when entered into, so process and drafting matter.

Start as early as possible and aim to conclude it well before the wedding. Both parties need time for disclosure, independent advice and genuine negotiation without last-minute pressure.

It can address pre-marital assets, family businesses, farms, inheritances, contributions to property, growth and replacement assets, and the intended treatment of defined property on separation.

Yes. It can be varied or replaced by a post-nuptial agreement if both parties agree. A review may be sensible after major changes such as children, inheritance, business restructuring or relocation abroad.

Yes. You should have a solicitor who acts only for you. We review the disclosure, timing, wording, fairness and practical effect, explain the rights the agreement may alter and negotiate changes where appropriate. Independent advice also helps protect the weight the agreement is likely to receive later.

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