Silver Prenuptial Agreements Lawyers

Prenuptial Agreements, more popularly referred to as a "Prenup" is a legally binding separation agreement that protects assets that the parties have prior to their union, or which they may acquire during their married life. Prenups are increasingly popular across Scotland. They are seen as an enforceable agreement in Scotland when certain conditions are met.

We are aware that many are hesitant to suggest a Prenup to their spouse of the future as it could be perceived as unromantic or suggesting that the relationship is likely to result in separation and/or divorce proceedings. We can give suggestions on how to discuss the issue tactfully and respectfully, ultimately conveying that parties wish to safeguard their assets, including matrimonial property.

Prenups can be an effective and efficient method of avoiding expensive litigation or protracted negotiations. When comparing the costs of a pre-nup and litigation, a pre-nup is often more cost-effective. Our expert solicitors at Simplicity Legal/Complete Clarity Solicitors are able to assist in the negotiation and the drafting of these agreements in order that both parties go into the marriage or civil partnership aware of the potential consequences should the relationship fail.

Prenuptial Agreements, Silver Prenuptial Agreements and Post-nuptuial Agreements

It's particularly helpful for those who own assets prior to marriage or have children from an earlier relationship because they can protect particular assets from claims in divorce or dissolution of the civil partnership.

The so-called "Silver Prenups," for those that (re-)marry at a later date. These agreements don't just permit parties to shield the assets they acquire during the marriage from a subsequent divorce, they also allow parties to protect assets from inheritance laws. For example, they can provide that upon the time of death, their estate will be passed to their children, not to their spouse's children.

A postnuptial agreement is signed following the marriage or civil partnership has been completed, but it is valid exactly the same way as the Prenuptial Agreement.

Main Requirements of Prenuptial Agreement in Scotland

There is no case law regarding the enforceability of prenuptial agreements in Scotland however the legislation applicable clearly states that agreements that regulate financial provisions in divorce are legally binding providing that they are "fair and reasonable."

The courts may interpret an agreement as unfair and unreasonable when:

one party obtains the signature through fraudulent means

if one partner gains the undue influence of the other partner

if the full facts and truth were not disclosed to the other party

if one partner did not fully understand the agreement because there was no legal advice given to him/her at the time of the contract being completed.

Moreover, as long as the correct protocols have been followed, a contest to a correnly prepared Prenup is unlikely to succeed and a divorce settlement can you easily reached.

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Complete Clarity – Silver Prenuptial Agreements

Complete Clarity Solicitors are based in Glasgow, East Kilbride & Edinburgh. With our unique teleconferencing facilities, you don’t even need to visit our office for legal advice. For fixed-fee Family Law advice, visit our sister firm Simplicity Fixed Fee Family Law Solicitors here

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