Pre and Postnuptial Agreements

Key contact

Morton Fraser Partner Fiona Sasan
Fiona Sasan
Fiona is an extremely experienced family lawyer and one of our Glasgow based partners. Fiona is also an accredited family law specialist, a ...
0141 274 1107

Increasingly, couples embarking on marriage or civil partnership want information about pre-nup agreements. Common questions include how to put a pre-nup in place; how these are treated by the courts; and what a pre-nup will cost. Individual reasons for considering this type of agreement vary, but might include having gifts or inheritance from family which you wish to protect; or perhaps it is a second marriage for both of you and you want to preserve wealth for your respective children. 

How we can help you

If this is something you're considering, we can assist and answer your queries. We have extensive experience of such agreements. We are often instructed by clients who have links to other countries as well as Scotland, and are ideally placed to assist in these circumstances. As a result of our Scots and English law expertise, we can draft or revise agreements intended to be as effective as possible under both Scottish and English law. Our international connections, including through membership of the International Academy of Family Lawyers, means we can work with international lawyers elsewhere to craft an agreement intended to work in other countries also. 

What is a pre-nup?

A pre-nuptial agreement is an agreement entered into before marriage, which sets out what will happen to some, or all, of the couple's assets if they separate. A common use of pre-nups in Scotland is to 'ring fence' certain assets from sharing.

What is a post-nup?

A post-nuptial agreement has the same purpose as a pre-nuptial agreement, but is entered into during marriage, while the couple are still together. This is distinct from a separation agreement, which is entered into after the relationship has broken down.

What is the benefit of a pre or post-nup?

As with an insurance policy, a pre-nuptial agreement might never be needed - but it is there should the worst happen. However, we understand that suggesting this type of agreement can be a delicate and difficult conversation to have. We would always suggest getting advice and starting that conversation on an informed basis as early as possible - just contact us if this is something you want to think about. 

Our approach to fees

We understand that you need to get a handle on what our advice is going to cost. We offer fixed fee initial meetings where we can discuss the options with you.  Wherever possible, we provide tailored fee quotes for much of our work. If that is not possible for all of the case, we will give you a clear indication of the likely cost.