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Prenuptial agreements for business owners

Protect your business assets in the event of divorce

As a business owner, you will want to protect your business, and a prenuptial agreement that clearly sets out how your personal and business assets will be divided if you were to divorce in the future, is the most effective way to do so.

Although not legally binding in England and Wales, a business prenup will be a decisive factor to be taken into account by the court when deciding on a divorce financial settlement, as long as it is ‘fair’ and was drawn up and agreed to correctly, so it’s important to get the right legal advice at the outset.

Our family law solicitors can draft a qualifying prenuptial agreement to as best as able protect your business assets on divorce and have particular expertise in dealing with complex assets and family situations. For expert legal advice on drafting a business prenuptial agreement, call 0800 422 0123 or get in touch online to arrange an initial consultation with a specialist solicitor.

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How Clarke Willmott can help

Clarke Willmott has been working with business owners and farming families for over 130 years. Such extensive experience has given us an unrivalled appreciation of the issues that can potentially arise when business interests involve family.

This makes us uniquely placed to advise you on the best pre- or postnuptial agreement to protect your personal and business assets should your relationship break down in the future on terms that work for all involved.

Why business owners may consider a prenuptial agreement

  • To agree how assets would be shared in a divorce calmly in advance, rather than when emotions are running high
  • To seek total control of your business if you divorce
  • To pre-empt any problems you foresee in splitting up the business (often the case with family farms)
  • To safeguard or ‘ring-fence’ any inherited property or assets associated with the business, or that you wish to pass on as an inheritance in the future
  • To protect yourself or your spouse from any debts accrued by the business
  • To help with succession planning for the business
  • To provide a record of the business assets and who owns what
  • To prevent any disruption to the business during the divorce

Protecting the family farming business from divorce

We believe all farming families should use pre- or postnuptial agreements as an essential part of their wealth protection planning.

Without an agreement in place, there could be disastrous financial and familial repercussions for the family farm in a divorce, potentially even leading to the break-up or sale of the farm.

Often, the farmhouse has been the matrimonial home for generations. A business prenup can include provisions to protect inherited farming assets (including property, farmland and machinery) or your interest in the farming business.

If other family members are involved in running your farm, a pre- or postnuptial agreement can provide security for you all.

Why business owners choose us for prenuptial agreements

  • Our extensive experience advising business owners and farming families
  • Our broad and deep legal expertise in all areas of family, commercial and agricultural law
  • Our family law team is highly rated in The Legal 500 and Chambers Guide
  • We are members of Resolution, with collaborative lawyers and family mediators on the team
  • Our competitive costs and commitment to tight cost control

Book your consultation with a business prenup expert today

For advice on creating a pre- or post-nuptial agreement to protect your business interests, call 0800 422 0123 or contact us online to arrange your initial consultation.

Your key contacts

Rayner Grice

Partner

Birmingham
Rayner advises on the issues that arise for an individual following the breakdown of a relationship in relation to divorce/civil partnership dissolution, their financial affairs and their children.
View profile for Rayner Grice >

Clare Webb

Partner

Bristol
Clare has built her practice with a commitment to helping her clients resolve their issues in a constructive and conciliatory way. In doing so, she will always have regard to the longterm hopes and aspirations for the family as a whole, whilst of course protecting her client’s interest.
View profile for Clare Webb >

Philippa Yeo

Partner

Bristol
Philippa is committed to helping couples navigate all aspects of the legal process on the breakdown of their relationship in a pragmatic, collaborative and family-focused way including supporting couples to reach arrangements for their children and achieve healthy future co-parenting relationships.
View profile for Philippa Yeo >

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