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Prenuptial/Pre-civil partnership agreement (Scotland)

Use this document to create a prenuptial or pre-civil partnership agreement to state what should happen to assets if your marriage/civil partnership comes to an end. The agreement will specify what is considered 'matrimonial or partnership property'. Under the Family Law (Scotland) Act 1985, courts must usually ensure that all such property is divided equally on the relationship breaking down. It defines 'matrimonial/partnership property' as any property acquired during the relationship and any property acquired by either of you before the relationship was entered into for the purpose of providing a home, or equipping or furnishing it. Following the breakdown or a marriage/civil partnership, there can be considerable debate over what assets fall under the definition of matrimonial/partnership property and this agreement helps to avoid later disputes by identifying property that should not fall under this definition. Please note that this document is only for use in Scotland.

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  • Version: 12870.1.10
  • Last updated: 8 Oct 2019