Love it or hate it, Valentine’s Day is just around the corner. The shops are filled with red and pink hearts, giant teddy bear chocolates and of course sparkly engagement rings. One of the most romantic days of the year, around 10% of marriage proposals happen on Valentine’s Day. [Read more…] about Hearts, Flowers and Pre-Nuptial Agreements
There is a warning in a recent Inner House decision that people should be very careful about what they agree in a Pre-nuptial or Post-Nuptial agreement.
If parties have had independent advice (as they always should) then it is very likely that the Scottish Court will respect the prenups and enforce their terms.
The starting point in Scots Law is that pre-nuptial agreements are generally accepted as being “legally binding” (or, more accurately “enforceable by the court”).