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.
On this page
- How we can help
- Why consider a business prenup
- Protecting a farming business
- Why choose us for your business prenup?
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
Recommendations
‘The team is very responsive, clearly work well as a team and keep one another informed. Always keep commitments. Very happy with the service and advice they’re providing.’ – The Legal 500 2025
‘Collaborative working makes this team a force to be reckoned with; they are thoughtful and responsive and work hard together to get the job done for their client.’ – The Legal 500 2025
“The team provides sound support and everyone is very personable and reassuring.” – Chambers 2025
“The team has always been on hand to provide advice and guidance in what has been a troubling and stressful time.” – Chambers 2025
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.
