We very much encourage our clients to take a realistic approach involving making entering an agreement pre-marriage or pre-cohabitation, that provides certainty on separation/ divorce. Such agreements are becoming increasingly popular and widely used.
We can assist you in preparing a suitably worded binding Agreement designed to identify and ring-fence pre-marital/ pre cohabitation assets, listing them in separate schedules for each party.
We would protect you by ensuring there is an agreement that not only the assets but also increase the value of the assets, any assets acquired with the proceeds of the assets, and any other assets acquired by way of gift or inheritance can all be excluded.
By doing this you can have complete security in terms of having your “separate property” protected from any claims arising from the marriage/cohabitation period.
You can also avoid the situation where claim arises relating to acquisitions have nothing to do with efforts within the relationship. This is especially important where wealth is to be inherited, or people have married later in life and may have children from previous relationships to consider.
When considering whether to uphold an Agreement the court will evaluate the Agreement from the perspective of whether it was fair and reasonable at the time it was entered.
In the case of re-cohabitation, such agreements are even more crucial. This is because the applicable law regulating co-habitant rights on separation gives the courts wide discretion as to what orders for payment should be made. This leads to uncertainty and makes it very hard to advise clients on the likely outcome if court proceedings are raised. To avoid this lack of clarity you need a properly worded Prenuptial Agreement.
In the case of divorce, the court is obliged to take account of any Agreement entered by the parties as the legislation enshrines the right of parties to reach an agreement about the division of assets at the end of the period of cohabitation.
Agreements can also cover future assets that may be acquired by either party during their marriage or cohabitation where part of the purchase price was provided by either one or other of them from their separate property, and make sure that party gets a fair return.
When advising our clients, we will always give clear and concise advice about the nature of the rights and claims you may be giving up and make sure you have a full understanding of this. We have extensive experience in this area - we shall take steps to ensure that your Agreement is robust and that you can avoid the risk of it being reduced by the court at a later stage.
Legal advice is important as there may be consequences of entering an agreement that may not be readily apparent to you. Our aim is to make sure that all Agreements reached by our clients are comprehensive, and will be deemed fair and reasonable, so as not to be susceptible to later challenge. Call us on 0141 429 8166 or complete our online contact form.
Livingstone Brown is a leading firm of Scottish solicitors. Based in Glasgow, but dealing with cases around the country, the firm has been at the forefront of legal service provision for over thirty years.
If you have a legal problem, getting good quality legal information at the earliest stage can be invaluable. The firm offers a free initial enquiry service; all you have to do is call in, telephone, or e-mail. You won't be charged for your enquiry; we'll let you know by return whether we can help, what we can do, and how much it's likely to cost. We can also offer legal aid where available.
Led by former senior partner Gerard Brown CBE, who continues as a consultant, the firm has built up an enviable reputation for quality of service and client care.
The firm has won various awards over the years. In the 2019 edition of the prestigious Legal 500 rankings Livingstone Brown was ranked as a 'top-tier' firm for general criminal work, and is also recommended for fraud cases. Stuart Munro and Gerard Brown were named as 'Recommended Lawyers'. In the Chambers directory the firm has a Band 1 ranking for criminal work, and Stuart Munro is a ranked financial crime lawyer. The firm was named Criminal Defence Firm of the Year and Family Law Team of the Year at the Scottish Legal Awards 2019.