Prenuptial & Postnuptial Agreements

What are Prenuptial & Postnuptial Agreements?

Prenuptial and postnuptial agreements are legal documents that set out how assets will be handled if a marriage ends in separation or divorce. They are particularly useful when one or both spouses own significant assets before marriage and wish to protect them from future claims.

  • A prenuptial agreement is entered into before marriage to ring-fence assets.

  • A postnuptial agreement is made after marriage to clarify financial arrangements and protect pre-marital assets.

Why Consider a Prenuptial or Postnuptial Agreement?

✔️ Asset Protection – Safeguard property, savings, and investments brought into the marriage.
✔️ Financial Clarity – Clearly outline each party’s financial rights and obligations.
✔️ Reduce Conflict – Minimise disputes if the marriage breaks down.
✔️ Legal Recognition – Provides clear evidence of both parties’ intentions, especially when signed and registered.

While these agreements cannot override Scottish family law, courts will generally respect and uphold them, provided they are fair and both parties have received independent legal advice.

Expert Legal Advice on Protecting Your Assets

At maloco mowat parker, our experienced family law solicitors can draft tailored prenuptial and postnuptial agreements to protect your interests and provide peace of mind.

 

Speak to a Family Law Solicitor Today

If you’re considering a prenuptial or postnuptial agreement, we can guide you through the process. Contact us today.

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FAQs

What is a Power of Attorney?
A legal document is signed by you at the present time, designating a trusted individual to make choices on your behalf in case you become incapable of making such decisions for yourself in the future.
Why should I make a Power of Attorney?
A Will guarantees the allocation of your assets based on your desires upon your demise, while a Power of Attorney safeguards your wealth during your lifetime. Having a Power of Attorney is equally vital as having a Will – it’s essential for everyone to possess one.
Is there a limit to how many people I have as my Attorney?
No, there is no limit to the number of individuals you can appoint as your attorney, provided they are at least 16 years of age. However, you need to specify if they should collaborate or act independently when making choices for you.
When does a Power of Attorney start?
You can grant your attorney(s) the power to manage your financial affairs immediately upon registering the document, or you can withhold this authority until you’re mentally incapable of making your own choices. The ability to make welfare decisions can only be exercised when you’re unable to decide on your own well-being.
Can I amend or cancel my POA?
Yes, for as long as you are able to make decisions, you can amend your POA at any time. As long as you have mental capacity you can also cancel your POA at any given time.
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