Silver Prenuptial Agreements
Silver Prenuptial Agreements Lawyers
, more popularly referred to as a “” is a legally binding that protects assets that the parties have before their union, or which they may acquire during their married life. Prenups are increasingly popular across Scotland. They are seen as an enforceable in Scotland when certain conditions are met.
We are aware that many are hesitant to suggest a to their of the future as it could be perceived as unromantic or suggesting that the relationship is likely to result in and/or . We can give suggestions on how to discuss the issue tactfully and respectfully, ultimately conveying that parties wish to safeguard their assets, including matrimonial .
Prenups can be an effective and efficient method of avoiding expensive litigation or protracted negotiations. When comparing the costs of a prenup and litigation, a prenup is often more cost-effective. Our expert solicitors at Simplicity Legal/Complete Clarity Solicitors can assist in the negotiation and the drafting of these agreements so that both parties go into the 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 before or have children from an earlier relationship because they can protect particular assets from claims in 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 from a subsequent , 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 ‘s children.
A is signed following the or civil partnership has been completed, but it is valid in the same way as the .
A is signed following the or civil partnership has been completed, but it is valid exactly the same way as the .
Main Requirements of Prenuptial Agreement in Scotland
There is no case law regarding the enforceability of in Scotland however the legislation applicable clearly states that agreements that regulate financial provisions in are legally binding providing that they are “fair and reasonable.”
The courts may interpret an 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 because there was no 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 is unlikely to succeed and a can you easily reached.
Complete Clarity – Silver Prenuptial Agreements – Contact us
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 Family Law Solicitors here
Contact us today at 0808 178 7292 or complete our online enquiry form and let us help you.
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