My son is marrying next year. Can we protect the farm in the event of a divorce, he is a partner in the business?

Year Published: 2016

Yes, the couple can enter into a pre-marital agreement (pre-nuptial) and post-marital agreement. Whilst they are not currently legally binding in the UK, under the Matrimonial Causes Act 1973 they are factors that the court will take into account on divorce. Provided that the agreement is entered into freely by the parties, both have had the opportunity of having legal advice, the agreement is fair and full disclosure of each party’s financial position has been given.

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