
Prenuptial Agreements: What's in it for both parties?
In reality, while it is often the case that a prenuptial agreement is led by one party who has more assets to ringfence, agreements should seek to protect both parties.
If you’re looking to register a civil partnership, enter into a pre-civil partnership agreement or dissolve a civil partnership, MacRoberts’ award-winning team can assist you.
Civil partnerships create a legal relationship between same-sex and mixed-sex couples, similar to that of marriage and offering many of the same legal rights.
To register a civil partnership, the couple must give notice to their local registrar and, once registered they will then be entitled to certain legal rights relating to tax, pensions, employment, child maintenance, parental responsibility, protection from domestic abuse and immigration.
With many legal similarities to marriage, you may wish to create a pre-civil partnership agreement (similar to a pre-nuptial agreement), which helps to set out what each person is entitled to should the relationship break down.
If you think this would benefit you, MacRoberts can explain how these agreements work, prepare and draft the agreement or revise an agreement that has already been drafted, protect your assets to help avoid lengthy court battles in the event that you separate, and help you understand the potential impact on your legal rights if one of you lives or spends substantial time in another country during your marriage.
Should you decide to move country, it is important to remember that your civil partnership may not afford you the same rights as it does in Scotland.
Some countries accept civil partnerships, others don’t, and our experienced team can guide you on this.
Our expert family lawyers can support you in the unfortunate event that you need to dissolve your civil partnership. Resolving financial disputes in a civil partnership works in much the same way as a marriage; civil partners can claim for ongoing financial support, capital sums and pension sharing orders just like divorcing couples can.
All financial matters must be settled before the partnership can be dissolved, and we can guide you through this process.
In reality, while it is often the case that a prenuptial agreement is led by one party who has more assets to ringfence, agreements should seek to protect both parties.
Are prenups valid in Scotland? Marika Franceschi answers this frequently asked question, and looks at some key points couples should consider.
Marika Franceschi shares her thoughts on the divorce process and how the collaborative process can work in a couple's favour.
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