Alison McKee, partner and head of family law at Lindsays, which has offices in Edinburgh, Glasgow and Dundee, said the company had seen a 125 per cent increase in applications for post-marriage agreements in 2018. There is often a misunderstanding that pre-marital and post-marital agreements are reserved for rich and famous celebrities who want to protect their millions in the event of high-level dismantling. But that is not the case. While the actual content of a post-marriage agreement will largely depend on the circumstances and preferences of the couple concerned, they will essentially be used for the sharing of spousal ownership and support in the case of one of the following measures: on both sides of the Atlantic, there is a growing interest in post-marriage agreements – similar to an intentional conjugal agreement (or pre-marriage). , but done after the wedding and not before. In general, both types determine the distribution of wealth when a marriage or life partnership breaks down. A marriage and post-thaw agreement has yet to be fully challenged in the Scottish courts, but there is a broad consensus that post-marriage and marital agreements are applicable as long as they were fair and reasonable when they were concluded. A lawyer can help ensure that all of these criteria are met to ensure that the agreement is legally applicable. Under Section 9 of the Family Law (Scotland) Act 1985, a couple`s marital property had to be distributed equitably.
Section 10 of the 1985 Act specifies that the “fair” distribution of wealth often represents an equal share for each couple, unless there are special circumstances requiring something else. The law recognizes that such “special circumstances” may include the situation in which a couple entered into their own agreement. Recognising that each family is different, Scottish law therefore allows couples to make the arrangements that are best for them as part of a post-uptial agreement. 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. Over the past 12 months, a Scottish law firm has seen a staggering 125 per cent increase in post-marriage agreements to protect assets in the event of adultery. In Scotland, marital arrangements have become more and more frequent. Before marriage, a marriage pact is made to ensure financial security and security in the event that the marriage does not work. There is a misunderstanding that a marital agreement is reserved for the rich, but in fact, the most common way to protect premarital wealth for anyone who has acquired pre-existing property against the marriage they want to protect is a home, savings, shares or commercial interests. In addition to specializing in post-up agreement issues, we offer a full range of family law services.