6 Things to Think About Before You Say I Do
6 Things to Think About Before You Say I Do
As wedding bells ring across Scotland, love is in the air – and legal planning might be the last thing on your mind. But we know that clarity and communication are just as important as cakes and confetti.
Here’s what every couple should consider before, during, and after tying the knot:
1. Prenuptial Agreements
Far from being unromantic, prenuptial agreements are a practical way to protect what you bring into your marriage – especially important for second marriages, business owners, or those with children from previous relationships. In Scotland, prenups are legally recognised and can outline what happens to property, savings, and more if the relationship ends.
2. Postnuptial Agreements
Maybe your circumstances have changed since your wedding day. You’ve bought property together, inherited family wealth, or started blending families. A postnuptial agreement lets couples clarify financial or family arrangements and ownership structures after the wedding, and it’s legally valid in Scotland.
3. Second Marriages
Remarrying later in life brings joy – and legal complexity. From rights over the marital home to safeguarding inheritance for children from previous relationships, second marriages benefit greatly from careful legal structuring. Without it, unintended disputes can arise. We help couples navigate these waters with empathy and clear legal advice.
4. Wills
Under Scottish law, marriage can invalidate an existing Will. If you're newly married or planning to wed, it’s essential to review or create a new Will that reflects your current wishes. Whether it’s ensuring your spouse is protected or providing for children from earlier relationships, your Will is your voice when it matters most. Don’t leave it to chance, we are here to help ensure everything is in place.
5. Property Ownership
When buying property with a partner in Scotland, how it’s titled (joint tenants or tenants in common) can make a big difference, particularly in the event of death or divorce. It’s vital to get the legal structure right from the outset. Getting legal advice early ensures your intentions are reflected in how the property is legally owned.
6. Stepchildren & Inheritance
Blended families are beautiful, but the law doesn’t automatically recognise stepchildren in inheritance matters. Unless they are specifically named in your Will, stepchildren have no automatic right to inherit in Scotland. If you want to provide for them, you must put it in writing.
Planning a wedding is about more than just one day – it’s about your future. Whether you're entering your first marriage or giving love another chance, protecting your assets, home, and family through proper legal advice is a gift you give to each other.
Need help navigating this?
We're here to support you with clear, compassionate, and experienced legal guidance. Get in touch with our expert Colin by calling 01292 281711 or email
colin@mckinstry.co.uk