Prenups Can Protect Family Farms and Trusts, Though Not Binding in England and Wales
Updated
Updated · Financial Times · Aug 19
Prenups Can Protect Family Farms and Trusts, Though Not Binding in England and Wales
1 articles · Updated · Financial Times · Aug 19
Summary
Family farms, trusts and business interests can be exposed in divorce without a prenuptial agreement, making prenups a common tool to preserve wealth for future generations.
England and Wales do not treat prenups as legally binding, but courts give them significant weight; Scotland already treats them as contracts.
A stronger agreement typically requires 3 steps: full financial disclosure, independent legal advice for both parties, and enough time to sign without pressure.
Fairness remains central, especially around both spouses’ financial needs and any children, and couples can later revise terms through a postnuptial agreement.