Financial Arrangements

Pre-nuptial and Post-nuptial Agreements

Pre-nuptial and post-nuptial agreements setting out how a couples' finances will be divided if their marriage fails are becoming increasingly popular in Scotland, particularly for those with wealth established prior to the marriage and those entering into second or third marriages where they wish to protect their wealth in full or in part for their children of a previous marriage. In Scotland pre-nuptial agreements are generally thought to be enforceable and binding. We have the expertise to advise you fully on the appropriate terms of such agreements and to prepare them on your behalf so as to best protect your interests.

Wealth Preservation Advice

Advice given to individuals, as part of a wealth preservation exercise, can on occasion result in various assets, which would otherwise be excluded from the matrimonial pot, being claimed in the event of a divorce. We work with our immediate colleagues and other departments to advise on the risk inherent in such an exercise, together with what steps can be taken to minimise or eliminate that risk.

Cohabitation Agreements

Although cohabitation agreements have always been advisable where two parties buy a house together, the introduction of cohabitants' rights into Scots Law in 2006 has made the need for a cohabitation agreement that much greater for any couple who plan to live together, but not marry. Cohabitants' rights claims can arise out of any cohabiting relationship, regardless of sexual orientation. A cohabitation agreement will typically provide for the possible breakdown of a relationship, not only to regulate the day-to-day living costs, but the ultimate fate of the house and any equity in it, as well as the division of any other joint assets. The cost of a cohabitation agreement is small compared to the costs and uncertainty that can arise in the event of a litigated dispute arising out of a couple's separation.

 

Financial Provision - by negotiated settlement or on divorce

Complex business assets

We have extensive experience in divorces involving complex business assets, whether partnerships or private companies. We have strong support in-house from our tax, corporate and commercial property departments to ensure that you get the best advice should your business become part of the dispute.

High net worth cases

We regularly act in many divorce cases where the net assets are valued well in excess of £1million. With strong support from our tax, trust, corporate and commercial property departments we can advise you on your best options whether your wealth is sitting in the bank, in a business, in property, in land or tied up in some other way.

Smaller Money Cases

We are just as adept at providing advice and running cases where there's less money to go around and we pride ourselves on giving economic and pragmatic advice to fit the circumstances.

To speak with one of our experts contact Scott Cochrane or Kirsty McGuinness.