What is a Pre-nuptial Agreement?
A pre-nuptial agreement is a contract that is formed before the date of marriage or civil partnership. The aim of creating the contract is to allow for easier resolution of a wide range of issues that may incur if the relationship breaks down. Such agreements are legally binding under Scots Law. The agreement will only be tampered with by the courts if it is established that the agreement was not made in circumstances that are considered reasonable, or that the agreement was made under unfair conditions.
What is a Post-nuptial Agreement?
A post-nuptial agreement is similar to a pre-nuptial agreement, and just as important. The only difference is that a post-nuptial agreement is formed after the date of marriage or civil partnership..
Do I Really Need a Pre-nup?
Both pre-nuptial and post-nuptial agreements can prove hugely important in the event of separation. Having an agreement in place will make sure certain assets are protected. Reasons for putting in place a pre- or post-nuptial agreement vary, but include the following:
- A large difference in income between you and your partner.
- One of you bringing more assets to the relationship, that were accrued before the date of union, whether that be from a previous relationship or from separate means.
- One of you having invested more into the purchase of the property that you live or are planning to live in.
The agreement will establish how assets are to be divided upon separation, potentially saving you considerable legal fees in the event you separate without one.
Pre-nuptial and Post-nuptial Agreement Lawyers
It is highly recommended that you seek legal advice before entering into any kind of agreement. At Kee Solicitors, we tailor our services to your individual needs. For more information on our pre-nuptial and post-nuptial services contact us today.