Scullion News & Resources
Mention a prenup in Scotland and many people still roll their eyes. They picture American celebrities protecting millions. But the reality is very different. Prenuptial agreements are now a practical and one of the smartest investments you can make before marriage.
If you would like to make a prenup or have on reviewed Scullion LAW’s Family Law Team regularly advise clients on their prenuptial agreements.
Scottish law defines matrimonial property in a very specific way. Property acquired during the marriage is usually included fair game for division. Assets acquired before marriage, inheritances, and gifts are normally excluded, however the reality is rarely that simple.
What if you bought a home years before marriage, but your new spouse contributes to mortgage repayments? What if you have business shares, pensions, or significant savings? A prenup can clearly outline what is and crucially what isn’t matrimonial property.
Prenups still carry stigma. Many assume they are unromantic, or a sign of mistrust. In truth, they are about fairness and certainty. They create clarity for both partners, protecting each person’s financial wellbeing and reducing the risk of conflict later. Think of it like insurance: you hope never to need it, but if separation happens, you will be grateful it exists.
A lawyer and an engineer, both in their 40s, decide to marry. Each has a home, a pension, and teenage children from previous relationships. They want to avoid disputes later and ensure their children inherit as intended. Their solution? A Prenup that ring-fences their pre-marital assets, while agreeing to share anything acquired during the marriage.
Drafting a Prenup requires precision, discretion, and expertise in Scots law. At Scullion LAW, we work with clients to ensure their agreements are watertight, fair, and tailored to their unique circumstances.
Q: Are prenuptial agreements legally binding in Scotland?
A: Yes. Scots law recognises Prenups, provided they are fair and reasonable and not entered under duress.
Q: Do Prenups protect inherited wealth in Scotland?
A: Yes. Inheritances are usually excluded from matrimonial property, but a Prenup strengthens protection.
Q: Can you get a Prenup if you already live together?
A: Yes and it’s strongly advised for cohabiting couples planning to marry.
A Prenup is not about mistrust. It’s about stepping into marriage with confidence, clarity and protection. At Scullion LAW, we help professionals and families create agreements that prevent disputes, protect children, and preserve assets.
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