Prenuptial agreements are a way for two people to agree before they get married or enter a civil partnership what will happen if they get divorced. The bulk of the agreement will set out who will own houses, cars, businesses and other assets owned by either party if the marriage ends in divorce.
This makes 'prenup agreements' popular with the very wealthy, but with such a high divorce rate, they are increasingly used by people on ordinary incomes. They are increasing in popularity, and Scotland is no exception. As many as 1 in 3 marriages end in divorce so many people find that a prenuptial (or 'prenuptual' as it is commonly mis-spelt) gives them peace of mind before getting married.
The law on prenuptial agreements differs between England and Scotland. Generally speaking, prenuptial agreements can be considered enforceable in Scotland, if they are drafted carefully. In England, on the other hand, prenups are generally considered unenforceable, although recent legal cases show a willingness of the courts to accept certain elements of the process.