Putting a requirement for a pre-nuptial agreement into a partnership contract can be a useful way to raise the subject before marriage, suggests accountant Dyke Yaxley.
Pre-nuptial agreements are increasingly used by farming families to protect their assets and businesses, setting out how assets should be divided in the event of a divorce.
However, the delicate nature of the subject can make it a difficult one to broach, particularly if it has not been done well in advance of the wedding.
Pre-nups must be entered into willingly, with full information disclosed about the financial circumstances of each spouse, otherwise the agreement may be voided.
While their terms are not automatically enforced by the courts in the event of a marriage breakdown, over the last few years courts have shown a greater willingness to take note of these arrangements.
Mark Griffiths, director of Dyke Yaxley, said that the rise in property and land values was making the use of pre-nuptial agreements more common and they could be considered an add-on to a partnership agreement.
However, it came down to having a very good partnership agreement in the first place – land could be and was very commonly held outside the partnership, he pointed out.