A thoughtful article reminding us how important pre nups can be in the protection they offer divorcing couples, whilst also considering how best to raise the issue which is one the British remain rather squeamish about. 

Often it is the parents who raise the idea, commonly to protect the family wealth they want to pass on to their child. For the UHNW with family offices and wider wealth protection strategies, having all of the family protected under similar provisions, creates greater uniformity, and makes it easier to plan. 

However, it is increasingly common to see agreements drafted to protect family businesses from the effects of a divorce.  Where business owners transfer shares into their spouse's name for tax reasons, or employ their spouse, many don't consider what implications that may have on divorce.  Putting a nuptial agreement in place in conjunction with a shareholder's agreement and pre emption rights on shares makes good business sense. 

Seeking to protect a business and ensure its ability to continue to trade when a divorce happens is a much easier ‘sell’ to the person being asked to sign up to it, even for the squeamish amongst us. 

However hard the subject may be to raise, if the worst happens, the clarity and protection that a well drafted agreement brings is seldom regretted.  Its not about labelling someone a gold digger, but acknowledging the universal feeling that a divorcing individual will want to protect and preserve the wealth that has come from their family to the greatest extent possible. 

For further advice on nuptial agreements, please contact a member of the family team.