05 November 2019

Arti falls quickly for Collette who caught his eye one frosty autumn evening as she browsed the works of art at The Edinburgh Art Fair. It’s been nearly a year since they first met and he decides to ask her to marry him on Guy Fawkes Night at a romantic fireworks display near Edinburgh castle.

Collette is ecstatic and doesn’t hesitate to accept Arti’s proposal. However, in anticipation of marriage, Arti, who regularly buys works of art and has been building up a valuable collection, wishes to put an agreement in place. Arti, who is not known for his subtlety and has never been good with timing when it comes to ‘difficult’ conversations, slips the idea of a pre-nup into his conversation with a very excited (and excitable) Collette.

Initially concerned, Collette does not react well to the idea that Arti is already considering the possibility of separation. After much persuasion (and flowers), Collette finally agrees that it might be worth finding out some more information. She had heard about celebrity Pre-Nuptial Agreements but didn’t think that these were a possibility in Scotland. Before she changes her mind, Arti arranges to meet with Lesley Gordon, a BTO Family Law solicitor, to discuss possible options.

Lesley explains to Arti at the meeting that the couple can be reassured that Pre-Nuptial Agreements are in fact becoming much more popular in Scotland. Arti is informed that such an agreement would indeed be an excellent way of protecting assets such as his expanding art collection prior to marriage and that such agreements can often be considerably less expensive than a court action at a later stage.

Lesley lets Arti know that what is included in the agreement is entirely for the couple to decide. Provision could be made for financial matters, or even more obscure matters such as who will keep a pet.

Arti asks what the process would be. Lesley explains that Collette would be strongly advised to seek independent legal advice. BTO can then assist with negotiations with Collette’s solicitor and once the couple is happy with the outcome, the agreement will be drafted.

Arti feels more at ease following his meeting with Lesley. He is reassured that the process will be friendly and co-operative and will set Collette and him up for a happy marriage with no uncertainties.

Arti explains to Collette that a Pre-Nuptial Agreement is a possibility and that he wishes to go ahead if she is willing. Since their chat, Collette has been thinking about her own assets and what she might like to keep and agrees that such an agreement will be helpful so that they both know where they stand from the outset of their marriage.

Contact: Lesley Gordon, Partner & Accredited Specialist in Family Law
E: lxg@bto.co.uk / T: 0131 222 2939 or visit www.btofamilylaw.co.uk