The Guide Top Ten: For better for worse … and just in case there is worse, sign here

Pre-nuptial agreements are often viewed with suspicion but with one in three UK marriages ending in divorce, they can be a sensible consideration for those planning to get married. Fiona Rasmusen, partner at Edinburgh family law firm Gibson Kerr, shares her tips on negotiating the financial and emotional pre-nups minefield.

1 What do they do?

A pre-nup is designed to predict the outcome of any divorce settlement before the marriage takes place and help prevent any speculative claims in the event of a short marriage. Pre-nups also help to protect the needs of children from previous marriages and protect any property intended to be bestowed to your children.

2 Is it suitable for me?

If you have any assets acquired before your marriage, have children from previous marriages or expect to acquire any money or property by way of gifts or inheritance during your marriage, a pre-nup could help preserve them if you end up divorcing.

It used to be perceived that only wealthy people or control freaks made a pre-nup, but these agreements are now becoming more socially acceptable.

Pre-nups can be appropriate in situations where one party is significantly wealthier than the other or has particular assets that they want to ring-fence in the event of a breakdown in the relationship.

3 Talk to your partner

No-one likes to think about the worst-case scenario when they're planning their wedding and broaching the subject with your partner can be the hardest part in the whole process of making a pre-nup.

Remember that the earlier you discuss the subject, the better - and bear in mind that both parties have to be given the opportunity to take proper and full legal advice before signing. A spouse who is asked to sign a pre-nup at the last minute may be able to argue later that it was unfair because of the pressure of the situation.

4 Inherited assets

You may have family assets that have been passed down for generations and that you want to keep in the event of a divorce. A pre-nup will enable you to ring-fence these assets from any divorce settlement, in order for them to be inherited by your family in the future.

5 Children

If you have dependent relatives or children from a previous marriage a pre-nup can ensure their interests are not jeopardised by a future divorce.

Stating your financial intentions in a prenuptial agreement will give some protection for your children and dependants as it ensures that the interests or your ex-spouse on divorce do not take precedence over the financial security of your children.

6 Expert advice

Always consult a legal expert before making a pre-nup for impartial advice on whether it is right for you and, if so, the best way to set one up. A law firm will also ensure you to disclose all assets to your future spouse - a vital step, as the failure to disclose assets properly will result in the defeat of a prenuptial agreement at a future date if it is challenged.

7 Don't DIY

Several websites offer knock-down rates for DIY pre-nups and it's tempting to try to save money by fillong in the paperwork yourself, particularly if you have the expense of a wedding to think about. However, you shouldn't fall for the cheap option when securing your future. Always get legal advice from an expert, who will be able to show you the correct way of drafting a prenuptial agreement.

8 How legally binding are they?

Although the courts in Scotland start from a standpoint of enforcing an agreement made between two adults, there are circumstances where a pre-nup could be successfully challenged, such as when one person can argue that the agreement was not fair and reasonable when it was entered into. Although pre-nups are generally very persuasive they are not necessarily watertight. Until recently English courts have not been prepared to recognise pre-nups but this attitude is now changing.

9 Cohabitation

Pre-nups are not restricted to those about to marry and are increasingly popular ahead of cohabiting, especially where a property is to be bought by the couple.

If one person puts more money into the purchase than the other, then it is important to decide what it is to happen in the event that the relationship breaks down and the property is sold. Does that person get his/her money back? If so, this has to be reflected in a written agreement otherwise the proceeds will divided 50-50. Cohabitants can now make claims on each other's property in the event of a breakdown of the relationship, which may encourage more people to set out the financial arrangements in the event of a separation.

10 Post-nups

Over the course of a long marriage, the circumstances of the parties can change a great deal - for instance, they are likely to have children - so it might become necessary to vary the original pre-nup by entering into a post-nuptial agreement.