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Should I sign a prenup to protect family assets?

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Lucy Warwick‑Ching asks whether a prenuptial agreement can protect family assets as she prepares to marry and her trustees request a prenup.

Alexander Breedon, partner at Withers, explains that prenups are increasingly common and can cover a wide variety of situations, especially where family assets such as a farm, business or trust risk erosion in divorce.

While prenups are not legally binding in England and Wales, they carry significant weight; in Scotland they are treated as contracts. Properly drafted, they give clarity to spouses, wider family and trustees, and can be updated later via a postnuptial agreement.

To maximise enforceability, both parties must disclose finances, obtain independent advice, allow ample time, and ensure terms are fair to both spouses and any children. Though starting the conversation feels daunting, a well‑crafted prenup provides strong protection and avoids prolonged disputes. The column is for general information only and not a substitute for professional advice. Readers can email financial dilemmas to FT Money at [email protected].