Do I Need a Prenup? Understanding Your Rights

12 Aug 2025

By Edward Fitzgerald, Senior Solicitor, Family Law, Gilson Gray 

Marriage is an exciting milestone, but it also comes with significant legal and financial implications. While discussing a prenuptial agreement (often referred to as a prenup) might not seem romantic, it can be one of the most practical and reassuring steps you take as a couple. At Gilson Gray, we specialise in helping couples in Scotland and beyond create robust prenups to protect their futures. Here, we’ll explore what a prenup is, who should consider one, and why it could be the right option for you.

What is a Prenup and Why is it Important?

A prenuptial agreement is a legal contract between two individuals entering into marriage or a civil partnership. It can set out how assets will be divided in the event of divorce, separation, or death, as well as addressing other financial matters.

Prenups are particularly relevant in Scotland, where the definition of Matrimonial Property is broadly speaking any assets or debts acquired during the marriage, with the exception of gifts or inheritances from third parties (e.g. friends and family).

Without a prenup, deciding how to divide the matrimonial property in the event of a separation can lead to drawn-out and costly disputes. A well-drafted prenuptial agreement provides clarity, protecting your pre-marital assets, future inheritances, and/or business interests.

A Prenup is an insurance policy.  We insure our homes against fire; our cars against accidents – we do not want our houses to burn down; nor to find ourselves in a car accident – insurance policies are simply protecting ourselves and our financial position if the unexpected does happen.  The hope and intention with a Prenup, as with any other insurance policy, is that once taken out it will never be needed. 

Who Should Consider Getting a Prenup?

While prenups are often associated with high-net-worth individuals, they are beneficial for many couples. You should consider a prenup if you identify with any of the following scenarios:

• You or your partner have significant pre-marital assets. A prenup can safeguard property, savings, or investments acquired before the marriage.
• You own or run a business. Protecting business assets ensures stability for you and your employees in case of a divorce, and can provide for future restructuring.
• You expect to inherit. A prenup allows you to protect future inheritances and ensures they stay within your family, including family businesses.
• You or your partner have children from a previous relationship. A prenup can help secure their inheritance and maintain financial provisions for them in the event of your death.
• You’re marrying later in life. Couples who marry later often have more complicated financial circumstances that can be addressed in a prenup.

The Benefits of Having a Prenup

A prenup offers peace of mind and legal clarity. Here’s why you might want to consider one:

• Protect Pre-Marital Assets. Ensure assets you owned before marriage, such as property or savings, remain yours in the event of a divorce.
• Safeguard Future Wealth. Prenups can ring-fence expected inheritances, gifts, or career earnings from being classified as matrimonial property.
• Define Financial Responsibility. Clarity around how debts or expenses will be managed helps address potential challenges before they arise.
• Prevent Disputes. A prenup simplifies asset division, reducing the emotional and financial strain of potential legal battles.
• Support Transparency. Discussing finances and disclosing assets improves trust and communication in the relationship. 

Common Misconceptions About Prenups

Before dismissing the idea, it’s important to address a few myths about prenups:

• “Prenups are only for the wealthy.”

While prenups are often associated with wealth, they are about protecting fairness and helping couples plan for the future.

• “Prenups are unromantic.”

On the contrary, a prenup can enhance trust and demonstrate mutual respect by fostering an open dialogue about finances.

• “Prenups aren’t legally binding.”

A prenup in Scotland will be binding in respect of financial provision on divorce unless it is found to be unfair and unreasonable at the time it was entered into. 

What Makes Prenups Enforceable in Scotland?

Prenuptial agreements are recognised and enforceable under Scottish law, provided they meet specific criteria:

• Full Financial Disclosure. Both parties must provide a complete and honest account of their assets, liabilities, and income. Lack of transparency can render a prenup invalid.
• Independent Legal Advice. Each party should receive independent legal advice to ensure they fully understand the terms of the agreement.
• Timing Matters. Signing the agreement in good time before the wedding ensures there’s no undue pressure, and allows time for the other party to take independent advice. 

How Gilson Gray’s Family Law Solicitors Can Help

At Gilson Gray, we understand that discussing a prenup may seem daunting. That’s why our experienced family law solicitors are here to guide you every step of the way. Here’s how we can help:

• Tailored Agreements

We take the time to understand your circumstances, crafting bespoke agreements that work for both parties.

• Comprehensive Legal Advice

We ensure full compliance with Scottish and UK legal standards while providing clear, straightforward guidance throughout the process.

• Collaborative Approach

We focus on creating agreements through negotiation and collaboration, reducing conflict and ensuring mutual understanding. 

Next Steps

If you’re considering a prenuptial agreement, having trusted legal experts on your side is essential. At Gilson Gray, we combine expert legal knowledge with empathy and professionalism to support you throughout this important process.

Contact us today to book a consultation.

Why Choose Gilson Gray?

With our unique, multidisciplinary approach, we provide seamless legal and financial solutions under one roof. Whether you need family law advice or property management services, Gilson Gray is your trusted partner.

Your marriage is a priceless chapter of your life. A prenuptial agreement doesn’t prepare for failure; it ensures fairness, confidence, and clarity as you step into your future together.

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