Post-Nuptial Agreement Solicitors in Scotland
A post-nuptial agreement outlines how assets should be distributed following a separation. Made whilst the relationship is healthy, it ensures arrangements are reached fairly and cooperatively.
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Put clear financial arrangements in place during marriage, or review an agreement that no longer fits.
A post-nuptial agreement, often called a postnup, is entered into after marriage or civil partnership. It can deal with the same broad issues as a pre-nuptial agreement and is often used when circumstances change, assets are acquired, a business is restructured or the parties wish to clarify how an earlier contribution should be treated.
The agreement is a Scottish contract, but the court can set aside or vary an agreement about financial provision if it was not fair and reasonable when entered into. The quality of the process, disclosure and independent advice is therefore as important as the wording.
A team with extensive experience across the full range of family law.
Glasgow, Aberdeen and Edinburgh, with telephone and video appointments available throughout Scotland.
Focused advice from a family solicitor, followed by a written assessment and a tailored fee estimate.
A dedicated family law team handling everything from straightforward separation to complex financial and child law disputes.
What Does Our Post-Nuptial Agreement Service Include?
At Kee Solicitors, we help married couples put financial arrangements in place at any stage of their marriage. Our team advises on the terms of a post-nuptial agreement and drafts a document that reflects your intentions clearly and protects both parties.
When a post-nuptial agreement can provide useful protection.
A post-nuptial agreement may be appropriate after an inheritance or family gift, the purchase or transfer of a property, the creation or growth of a business, reconciliation following a separation, or a move between countries. It can also update a pre-nuptial agreement that no longer reflects the family’s circumstances.
We identify the assets and Scottish legal issues, obtain or review appropriate disclosure and draft terms that can be implemented. Each party should receive independent advice and have a genuine opportunity to negotiate. The agreement should not be used to conceal assets, avoid proper discussion or impose terms under emotional or financial pressure.
Financial provisions can regulate ownership, contributions, debt, growth, replacement assets and the treatment of specified property on a future separation. Provisions about children cannot displace the court’s duty to decide welfare at the time any dispute arises.
If the relationship has already ended and the aim is to settle current financial claims, a separation agreement or Minute of Agreement may be the more appropriate document. We explain the correct route rather than using a postnup label for every situation.
Where the family has international connections, we consider whether separate or coordinated advice is needed in another jurisdiction.
Our Dedicated Team of Family Law Experts
A considered agreement can protect both parties and reduce the scope for future conflict.
The strongest agreement is one both parties understand and that was reached through a fair process. We give direct advice about terms that are likely to work, terms that require revision and risks that cannot be removed entirely.
We can prepare the agreement, advise independently on a draft or review an existing pre-nuptial or post-nuptial agreement and recommend an appropriate update.
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.
Hear Directly From Kee Solicitor Experts
Frequently Asked Questions: Post-Nuptial Agreements in Scotland
Common questions about post-nuptial agreements and how they work in Scotland.
Are post-nuptial agreements binding in Scotland?
They are recognised as contracts. A court can set aside or vary an agreement about financial provision if it was not fair and reasonable when entered into. Independent advice, disclosure and absence of pressure are important.
What is the difference between a pre-nuptial and post-nuptial agreement?
The main difference is timing: a pre-nuptial agreement is signed before marriage or civil partnership, while a post-nuptial agreement is signed afterwards. Both can regulate the treatment of assets on separation.
Can a post-nuptial agreement deal with children?
It can record intentions, but it cannot bind the court to a future residence, contact or maintenance outcome. Any child-related decision remains subject to the law and the child’s welfare at the relevant time.
Can we make a postnup after separating?
Possibly, but the purpose and stage matter. If the relationship has ended and the document is intended to settle existing financial claims, a separation agreement or Minute of Agreement will often be the correct route. We will advise on the form that gives the intended terms proper legal effect.
Can a post-nuptial agreement be challenged?
Yes. The statutory question is whether the agreement was fair and reasonable when made. Pressure, inadequate information, lack of opportunity for advice and materially unfair terms can all be relevant to a challenge.
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