Asset Protection

Pre Nuptial and Pre Civil Partnership Agreements

Pre Nuptial and Pre Civil Partnership Agreements which are common in the USA and mainland Europe, are becoming increasingly popular in Scotland and serve the important purpose of protecting assets held by individuals before they enter into Marriage or Civil Partnership. The cost of such agreements is very modest in comparison to the cost of a court battle later on and as such are recommended.

We can assist in all areas of negotiating and drafting such agreements. We also have substantial experience in multi jurisdictional agreements where one or both parties have a substantial connection to another country. In some cases, it may be necessary to have mirror agreements in more than one country. We are members of Mackrell international, IACP and IAML which means that we have direct links to first class, family law specialists around the world.

Post Nuptial and Post Civil Partnership Agreements

Post Nuptial and Post Civil Partnership Agreements are very commonly entered into in Scotland and are legally binding on the parties. Very often such agreements are entered into without the need for ever going to court and they often follow successful mediations, collaborative cases and negotiations. Once signed and registered, these agreements serve to extinguish all claims either party can make on the other on divorce or death.

Cohabitation Agreements

If you are contemplating cohabitation or are already living with someone, but wish to protect your property, we can assist by offering specialist advice on cohabitation agreements to enable you and your partner to “contract out” of the statutory legal framework.

Wills/ Revocation of powers of attorney/ Pension nominations

Often people overlook reviewing their Will and Power of Attorney when they divorce or separate. Often, the breakdown of a relationship or indeed the start of a new relationship means you need to change your Will and review your Power of Attorney and Pension nominations. We have the expertise to advise you on the options available to you and the most tax efficient way of achieving them.

Contact: Lesley Gordon, Partner lxg@bto.co.uk  /  Call 0131 222 2959 or T. 0141 225 4848