Short marriage and prenup Scotland

Hello everyody, Im new here and heartroken like everyody else. My marriage has only lasted 9 months and my husband signed a prenup against claiming aginst my home (where we lived), it was registered as a Minute of Agreement with the Sheriff Court before the marriage. We have had no children, (I have one in full time education from a previous relationship) and no inheritance or savings within the marriage. He has not contibuted financially atall. Im worried if there is any way he could make a claim even with the prenup in place. Any help would be great

Welcome to Wikivorce. Im sorry you have a need to be here.

A Minute of Agreement is legally binding, so he would have a very hard time trying to have any of the clauses overturned. Usually, the only clauses that would be able to be varied would be those relating to child maintaince/periodical payments or child contact

As you owned your home prior to the marriage, then, under Scots law, it isn't classed as marital property.

Was there a period of co-habitation prior to the marriage at the property?

Hello, thanks so much for your quick reply! No we didn't live together until the marriage, he maybe stayed here at the weekend or three days a week at the most per week and that was only for a couple of months before the marriage.

OK, that wont count as co-habitation.

So, given a) the house is a pre-marital asset, and therefore not part of the "pot" and b} there is already a legally-bonding MOA that states he wont make any claim on your home, you should be safe from a claim from him - but just to set your mind at ease, it would be worthwhile asking an experienced Family Law solicitor to have a look over the MOA to ensure this is the case.

Hope this helps

Thank you so much, any help at the moment is easing the strain. Im going to see my lawyer so hopefully he will be able to confirm what you have said. This is all bad enough without him being able to have a huge effect financially on me (the emmotional one is bad enough). Do you know if it is possible to apply for a divorce in Scotland before we have been married for 1 year?