-
InsightsInsight - Family and Divorce - POSTED: July 5 2017
Marry me, my farm and my pre-nup?
With the height of wedding season nearly upon us, family solicitors find themselves increasingly busy advising and negotiating their client’s pre-nuptial agreement in advance of the big day.
- Share this article
- Print this article
-
-
Whilst many may still seek to argue that to enter into a pre-nuptial agreement is unfair or unromantic, (what is a marriage after all if not to share and for better or for worse?) many more clients can rightfully argue that by being able to publicly discuss and scope an individuals’ financial expectation should the marriage not survive the test of time, that this, in itself, demonstrates a certain honesty and integrity that would put many marriages in good stead for long-term happiness.
I am often asked to identify whether there is a stereotype client who seeks a pre-nuptial agreement. It may come as a surprise that it is not always the wealthiest clients but those clients with mutual respect for each other’s assets. There is often an understanding of the need to protect family legacies, be it to safeguard land and farms that have been in families for generations, or where assets have been built up in the years before meeting their future spouse. Pre-nuptial agreements can also often be used to put to rest concerns from family members, whether it be children of a previous marriage or the concerns of wealthy elderly parents.
As to the legal enforceability of pre-nuptial agreement in the UK, whilst not yet legally binding, when taking into account ever-progressive case law in this area, it is clear that they carry greater and greater weight with the courts and within matrimonial proceedings. When properly entered into, pre-nuptial agreements can vastly reduce not only the financial but more importantly the emotional strain of negotiating a financial settlement where marriages break down.
The benefit of entering a pre-nuptial agreement is to regulate how assets built up either prior to the marriage or through wealthy family businesses should be dealt with upon a divorce, as well as to consider and agree how joint marital income and responsibilities should be recognised and quantified. Where farming communities are concerned, properties, as well as business interests, are often passed down through to the next working generation and for this reason, there is often good reason to consider protecting these interests by way of a pre-nuptial agreement.
Pre-nuptial agreements are not entered into lightly. To be of use, proper and timely consideration needs to be given as to the terms of the agreement as there is no one size fits all. The agreement needs to be fair, entered into without pressure and prepared with the benefit of financial disclosure, independent legal advice and in good time prior to the wedding.
In conclusion, there is considerable benefit in early discussion as to the treatment of “separate property” within a pre-nuptial agreement. With respect to our agricultural clients, this would often include the ring-fencing of shareholdings in family farming businesses, as well as the interest in the matrimonial home where this property is often part of the overall farm itself.
Mei-Ling McNab is a Partner in the Family team at Brachers. Please contact the team to discuss any issues raised in this article on 01622 690691 or Mei-Ling on Mei-LingMcNab@brachers.co.uk.
Can we help?
Take a look at our Family and Divorce page for useful information, resources, guidance, details of our team and how we may be able to help you
-
Key contact:
Get in touch
Please fill out the below form or alternatively you can call us on 01622 690691
-
Related Articles & Events
View all
-
Agriculture and Rural
30,000 visas for migrant workers to support farmers in 2021 harvest
Insight
Posted 6th January 2021
-
Employment & HR
Are furloughed workers the answer to farming labour shortage?
Insight
Posted 21st May 2020
-
Family and Divorce
Wealth protection upon marriage
Insight
Posted 6th May 2020
-
Family and Divorce
Coronavirus self-isolation linked to big increase in domestic violence
News
Posted 31st March 2020
-
Family and Divorce
Guidance on child arrangements and coronavirus
Insight
Posted 25th March 2020
-
Family and Divorce
Divorce in 2020: reform progress and Brachers’ fixed fee divorce services
Insight
Posted 15th January 2020
-
Family and Divorce
Brachers offers fixed fee divorce ahead of Divorce Day on 6 January
News
Posted 6th January 2020
-
Family and Divorce
Cohabitation: the common law marriage myth
Insight
Posted 23rd December 2019
-
Family and Divorce
Judge rules mental capacity to marry but not over own finances
Insight
Posted 7th November 2019
-
Family and Divorce
When the wife becomes a widow
Insight
Posted 15th October 2019
-
Brachers
Brachers shortlisted for top accolade at Family Law Awards
News
Posted 9th September 2019
-
Family and Divorce
Review calls for changes to special guardianship orders (SGOs)
Insight
Posted 6th September 2019
-
Family and Divorce
How to seek protection from domestic abuse
Insight
Posted 29th July 2019
-
Family and Divorce
Civil partnerships to be extended for heterosexual couples
Insight
Posted 26th July 2019
-
Family and Divorce
Court approves service by WhatsApp in cross-border family dispute
Insight
Posted 4th July 2019
-
Family and Divorce
Will a recent judgment published the door to more welfare deputyships?
Insight
Posted 28th June 2019
-
Family and Divorce
Why a pre-nuptial agreement?
Insight
Posted 27th June 2019
-
Family and Divorce
Personal Independence Payment – Appealing a Decision
Insight
Posted 26th June 2019
-
Family and Divorce
Children cases on the rise
Insight
Posted 30th May 2019
-
Family and Divorce
Changes to divorce law to end the blame game
Insight
Posted 9th April 2019
-
Family and Divorce
Is arbitration the future when resolving family disputes?
Insight
Posted 8th April 2019
-
Family and Divorce
Higher Divorce Settlements in England vs Italy? Have your Cake and Eat it
Insight
Posted 4th April 2019
-
Family and Divorce
CAFCASS guidance published on parental alienation
Insight
Posted 28th March 2019
-
Family and Divorce
A pub promise
Insight
Posted 25th March 2019
-
Family and Divorce
Brachers Family Partner contributes to comprehensive new guide for separating parents
News
Posted 13th March 2019
-
Family and Divorce
Could the Forfeiture Act stop you from inheriting?
Insight
Posted 27th February 2019
-
Family and Divorce
Carer’s Allowance
Insight
Posted 18th February 2019
-
Family and Divorce
New Year, New Beginnings
Insight
Posted 24th January 2019
-
Family and Divorce
Changes to Pension Credit
Insight
Posted 18th January 2019
-
Family and Divorce
The future of farming: keeping divorce out of the courts
Insight
Posted 15th January 2019
-
Family and Divorce
Child arrangements at Christmas
Insight
Posted 13th December 2018
-
Family and Divorce
Pitfalls of using online divorce petition
Insight
Posted 7th December 2018
-
Family and Divorce
Good Divorce Week
Insight
Posted 26th November 2018
-
Family and Divorce
Benefit entitlements for disabled people – Attendance Allowance
Insight
Posted 12th November 2018
-
Family and Divorce
Tax warning for separating spouses
Insight
Posted 9th November 2018
-
Family and Divorce
Our Personal Affairs team in action
Client Story
Posted 30th October 2018
-
Family and Divorce
Access to family courts has been granted to legal bloggers
Insight
Posted 19th October 2018
-
Family and Divorce
The importance of parental responsibility for grandparents
Insight
Posted 12th October 2018
-
Family and Divorce
Prime Minister announces change to law for mixed-sex couples
Insight
Posted 3rd October 2018
-
Family and Divorce
Private client solicitor shortlisted for international accolade at prestigious awards
News
Posted 9th August 2018
-
Family and Divorce
Mills v Mills – Supreme Court ruling against an increase of spousal maintenance
Insight
Posted 2nd August 2018
-
Family and Divorce
Cohabitation – the fastest growing family type in the UK
Insight
Posted 1st August 2018
-
Family and Divorce
Owens v Owens highlights the need to reform divorce law
Insight
Posted 25th July 2018
-
Family and Divorce
Divorce in farming families
Insight
Posted 13th July 2018
-
Family and Divorce
Brachers ranked as leading provider in Top Family Law Firm rankings
News
Posted 11th July 2018
-
Family and Divorce
Charity suspects persistent misuse of Non-molestation Orders
Insight
Posted 5th July 2018
-
Family and Divorce
Opposite-sex couple win legal battle on civil partnership case
Insight
Posted 29th June 2018
-
Family and Divorce
Exploring the benefits of trusts in divorce
Insight
Posted 28th June 2018
-
Family and Divorce
The growing use of arbitration in family law
Insight
Posted 26th June 2018
-
Family and Divorce
Benefit entitlements for disabled people – Personal Independence Payments
Insight
Posted 22nd June 2018
-
Family and Divorce
When ‘I do’ becomes ‘I don’t’ – Protecting your assets pre and post nuptials
Insight
Posted 13th June 2018
-
Family and Divorce
Debating the issue of contact for grandparents
Insight
Posted 10th May 2018
-
Family and Divorce
Continuing need for change in law regarding bereavement damages for couples living together
Insight
Posted 19th April 2018
-
Family and Divorce
Specialist financial remedy courts
Insight
Posted 13th April 2018
-
Family and Divorce
Government considers implementing changes to civil partnerships
Insight
Posted 7th March 2018
-
Family and Divorce
Does conduct play a part in the financial proceedings on divorce?
Insight
Posted 5th March 2018
-
Family and Divorce
Billionaire challenges divorce settlement
Insight
Posted 19th February 2018
-
Family and Divorce
Non-molestation orders and occupation orders
Insight
Posted 26th January 2018
-
Family and Divorce
Divorce Day – what is it?
Insight
Posted 8th January 2018
-
Family and Divorce
Recovery of child maintenance arrears – are the changes sufficient?
Insight
Posted 13th November 2017
-
Family and Divorce
Covert recording in child proceedings
Insight
Posted 6th November 2017
-
Family and Divorce
Divorce statistics 2017
Insight
Posted 23rd October 2017
-
Family and Divorce
Zimina v Zimin –second chance in overseas divorce?
Insight
Posted 18th October 2017
-
Family and Divorce
The Bach Commission – a family perspective
Insight
Posted 9th October 2017
-
Family and Divorce
Divorce petition changes
Insight
Posted 7th September 2017
-
Family and Divorce
Birch v. Birch
Insight
Posted 1st August 2017
-
Family and Divorce
Financial proceedings arising from divorce or civil partnership dissolution
Insight
Posted 14th July 2017
-
Family and Divorce
Marry me, my farm and my pre-nup?
Insight
Posted 5th July 2017
-
Family and Divorce
Court of Appeal reduces husband’s divorce pay out in short marriage
Insight
Posted 14th June 2017
-
Family and Divorce
UK’s biggest ever divorce settlement
Insight
Posted 16th May 2017
-
Family and Divorce
Effective child maintenance payments
Client Story
Posted 2nd March 2017
-
Family and Divorce
What Brexit means for divorce
Insight
Posted 23rd February 2017
-
Family and Divorce
Defended Divorce is it ‘Just?’
Client Story
Posted 15th February 2017
-
Family and Divorce
Saying “I Do” to a prenuptial agreement
Insight
Posted 9th December 2016
-
Family and Divorce
No Fault Divorce, should the law be reformed?
Insight
Posted 1st December 2016
-
Family and Divorce
Resolution speaks out about the law on cohabitation
Insight
Posted 14th November 2016
-
Family and Divorce
Why are prenuptial agreements binding on the continent and not here?
Insight
Posted 24th August 2016
-
Family and Divorce
Arbitration extended to include disputes about children
Insight
Posted 1st August 2016
-
Family and Divorce
Cohabitation – case report
Insight
Posted 22nd July 2016
-
Family and Divorce
Ex-model’s divorce settlement based on actual needs
Insight
Posted 14th July 2016
-
Family and Divorce
What is Family Mediation?
Insight
Posted 22nd June 2016
-
Family and Divorce
Family breakdown. Why Collaborate?
Insight
Posted 9th June 2016
-
Family and Divorce
One in five couples in ‘distressed’ relationships
Insight
Posted 26th May 2016
-
Family and Divorce
No sharing of shared parental leave
Insight
Posted 5th April 2016
-
Family and Divorce
Divorce and Commercial Litigation – an uncertain mix
Insight
Posted 20th October 2015
-
Family and Divorce
Government announces plan to extend shared parental leave to include grandparents
Insight
Posted 7th October 2015
-
Family and Divorce
Transferable ISAs and the complexities that surrounds them
Insight
Posted 14th September 2015
-
Family and Divorce
Coroners’ Courts 2015 – Can the family recover their costs?
Insight
Posted 11th August 2015
-
Family and Divorce
Coroners’ Courts 2015 – Family funding rules to be relaxed
Insight
Posted 11th August 2015
-
Family and Divorce
Restrictions on disinheriting children
Insight
Posted 28th July 2015
-
Family and Divorce
Child Safety Week 1-7 June 2015 – Preventing avoidable accidents to children
Insight
Posted 26th May 2015
-
Family and Divorce
Research reveals one in five couples are planning to start divorce proceedings in January 2015
Client Story
Posted 14th January 2015
-
Family and Divorce
When it comes to divorce, does age matter?
Client Story
Posted 6th January 2015
-
Family and Divorce
Non-payment of Child Maintenance to damage credit rating
News
Posted 17th November 2014
-
Family and Divorce
Parental involvement provision comes into force
Insight
Posted 23rd October 2014
-
Family and Divorce
We want to be together – parents to have more family time following birth?
Insight
Posted 6th January 2014
-
Family and Divorce
What rights do grandparents have for financial assistance when caring for grandchildren?
Insight
Posted 7th December 2011