For couples getting engaged on Valentine’s Day, the last thing on their mind as they start thinking about wedding plans is an unromantic prenuptial agreement.
The idea of a legal contract which states how assets such as property and savings will be divided in the event their happy ending doesn’t work out and they get a divorce might seem like the antithesis of all that Valentine’s Day is meant to represent.
It’s true that prenups aren’t for everyone. For a couple starting out with limited and roughly equal assets, a prenuptial agreement wouldn’t normally make sense. The legal framework of a marriage provides a degree of protection already. Matrimonial property is defined as all property acquired during the course of the marriage - that is between the date of marriage and separation.
However, if one party has pre-existing assets or is going to sell a property they owned before the marriage to invest into a joint property, a prenup can provide peace of mind. It would mean that any new assets would not automatically become matrimonial property and subject to fair division.
Prenups can be particularly valuable for someone entering into a second marriage and have children from a previous relationship. The prenup can help ensure that assets intended to form part of their children’s future inheritance do not become part of the property available for division on divorce.
There is no reason to think that a prenuptial agreement would not be upheld by a court as long as it was fair and reasonable. It is important that each party make full disclosure of all assets they have at the time of the marriage.
Both parties to the marriage also need to have the chance to get their own legal advice and have enough time before the marriage to give careful thought to the agreement. Care should be taken to think about where they might live in the future and what might happen if they have children.
We appreciate that asking your partner for a prenup can be awkward and it may seem like you’re putting a dark cloud over what is meant to be an exciting time in your life.
However, with the high divorce rate in Scotland and with more couples choosing to enter into prenuptial agreements for protection and peace of mind, it is important to carefully consider whether a prenuptial agreement is right for you.
By Roger Mackenzie,
Family & Divorce Lawyer
Our personal injury lawyers in Inverness have raised £670 for Headway Highland with their Valentine’s Day Hamper featuring many delicious treats pictured below.
Lee Gordon from Headway Highlands came along to our Inverness office on Bank Street to draw the winning raffle ticket – a massive congratulations to Emma Mackintosh.
Our inverness office have nominated Headway Highland as their charity partner for 2018 and this marks the first of many fundraising activities they have up their sleeve.
The next fixture will be a charity race night on Friday 27th April at the Waterside Hotel in Inverness. If you would like further information or to book tickets, please contact Lauren MacDonald on 01463 227 370 or by emailing Lauren.MacDonald@digbybrown.co.uk
Digby Brown’s Ayr Office was delighted to organise a Burns Supper and Ceilidh for Ayrshire Cancer Support on Friday 2 February 2018 at Robert Burns Birthplace Museum, Alloway.
Our Ayr solicitors donated a table to Ayrshire Cancer Support which meant eight volunteers from the charity were rewarded with a free evening of entertainment.
The night kicked off at 7.30pm where guests were welcomed with the bagpipes. It was a traditional affair with the Haggis piped in and first speaker performing the Address to the Haggis and Selkirk Grace. Guests were treated to a delicious three-course Burns dinner with a dram, followed by a Scottish Ceilidh.
Entertainment included an icebreaker game of heads and tails, with the winner walking away with a bottle of champagne and a coin toss with a bottle of whisky on offer.
The prizes didn’t stop there. A lucky envelope draw seen a guest winning £100 and a raffle draw, with tickets being sold in the lead up of the event and to guests on the night.
The night ended with a rendition of Auld Lang Syne with everyone joining in.
Damian White, Digby Brown Partner and head of our Ayr Office, described the importance of being part of the Ayrshire community and Digby Brown's commitment to supporting Ayrshire Cancer Support.
“Digby Brown is proud to be part of Ayrshire and is committed to raising money for Ayrshire Cancer Support. The funds we raise help the charity offer vital services and support to cancer sufferers and their families.
“I would like to thank everyone who supported the event, by attending on the night and buying raffle tickets. Thanks to your efforts, we managed to raise £2,700 for Ayrshire Cancer Support!”