Scottish Prenuptial Agreement

Marriage contracts were frequently used here from the 14th century on. The oldest marriage contract obtained in Scotland dates back to 1281. Contrary to popular belief, marital agreements have often been designed to protect a woman`s property. The Scottish lawyers were therefore ahead of the game long before the Hollywood lawyers came into play. When women`s rights changed over the centuries, the need for marriage contracts disappeared somewhat, but they did not completely expire. They have developed to fill other gaps in divorce laws and provide more security than a court could offer. Indeed, marital agreements are still part of the arsenal of a good family lawyer and have become fashionable again, especially as divorce rates have increased and more people marry later in life (after having already built independent wealth). A pre-partnership agreement is a formal document that takes place between a couple prior to the conclusion of a marriage or life partnership (in which case the agreement is recognized as a prior partnership agreement) in which their agreed wishes regarding how financial assets, property, property and other matters are managed in the event of divorce are recorded. Yes, in Scotland, these agreements are legally binding and binding.

However, the preparation of the agreement should be given great importance in order to avoid the risk of uncertainty or misinterpretation. If you are in a marriage, you should consider a binding legal agreement to protect pre-marital property. Pre-marital agreements have inherited a bad reputation of the media and high-level cases, which are often a damaging image of the purpose and value that these agreements have for many couples. However, preliminary agreements can be very useful and play a central role in a court`s decision on asset allocation. This is why pre-contract agreements can pacify the divorce or separation process, making it a less fragile experience for all concerned. If you feel you need a marriage deal, it is helpful to mention it early in your relationship and make sure it is signed well before the wedding. It is recommended that both parties obtain independent legal advice before an agreement is signed. A marriage contract is a formal written agreement made before marriage, which explains how certain assets will be treated when the marriage is broken. It can cover a number of assets, including those acquired or inherited before marriage, such as property, savings, shares and other assets.

After the marriage, these assets, if reinvested or modified in any way, could become marital property and be considered to be owned by both parties, unless they are expressly protected. A marital agreement can be as simple as saying that everything is shared 50/50, or it can be more complex and close some assets. Similarly, judges have a very broad discretion as to which payment instructions they might find fair in the context of a roommate`s right. It is therefore very difficult to negotiate a settlement between separate unions. As a result, a number of costly legal proceedings were introduced without any guarantee, until the end of the proceedings, of what one of the parties could obtain through a transaction.