
An agreement can help both parties handle matters amicably and without conflict.
Whether you and your partner are currently disentangling your affairs, or you are looking to plan ahead, having an agreement can prepare you for all eventualities in a straightforward and harmonious manner.
What is a separation agreement?
At the end of your relationship, you and your partner may make a separation agreement determining how you will settle your affairs. An agreement can be invaluable in deciding issues like:
- who will pay the mortgage, rent and household bills;
- how financial and physical assets will be divided;
- how debts will be allocated;
- how you and your children will be provided for; and
- how childcare will work.
If the agreement is registered, then it is legally binding and you will be able to enforce it via court if your partner fails to uphold it.
What is a prenuptial agreement?
Before marrying, a couple may make a prenuptial agreement determining what will happen to their assets should they separate, divorce or should one of them die.
An agreement can be tailored to a couple’s circumstances. It could be used to:
- protect assets brought to the relationship;
- decide how assets and debts would be divided;
- agree what financial support would be paid after separation;
- preserve pre-existing business interests;
- allocate expected future wealth, such as an inheritance; and
- make arrangements for children from a previous relationship.
Is a prenuptial agreement legally binding?
A prenuptial agreement will be considered legally binding in Scotland so long as the court is satisfied that the agreement is fair and reasonable. It is important that both parties take independent legal advice, fully disclose all of their assets, and that neither partner is pressured to sign the document.
If you and your partner want to get your affairs in order, speak with our separation and prenuptial agreement lawyers today. We regularly work with clients based in the Hamilton and Falkirk area, and can ensure your legal agreement protects you to the best of its ability.
Planning for a positive conclusion
Having a legal agreement in place to determine how your affairs will be handled can ensure all the issues that matter to you are taken care of, without hostility or delay. Reid Solicitors routinely support clients looking to make a separation or prenuptial agreement. We understand that there is more to your relationship than the legal realities, so we work with compassion and sensitivity to achieve an amicable and mutually satisfactory resolution.
If you need advice on making an effective separation or prenuptial agreement, Reid Solicitors are here to help. We frequently support clients in Hamilton, Falkirk and throughout central Scotland. Please complete the online enquiry form or call us on: 01698 539981 (Hamilton), 01324 468381 (Falkirk). We can help you, during your time of need.