Marriage is a milestone worth celebrating, but for farming families it can also carry significant legal and financial implications. Farms are not just homes or businesses – they are often multi-generational assets, built up over decades and intended to be passed on to the next generation. In this context, a pre-nuptial agreement (often called a “pre-nup”) can be a practical and sensible planning tool rather than an unromantic one. This article explains more…

What is a pre-nuptial agreement?

A pre-nuptial agreement is a legal document entered into before marriage or civil partnership. It sets out how assets would be divided if the relationship were to end in divorce or dissolution. While pre-nups are not automatically legally binding in England and Wales, courts now give them significant weight, provided they are properly prepared and fair.

For farming clients, this can be particularly important because of the nature of farming assets: land-rich, cash-poor, and often tied to the wider family rather than just the individual getting married.

Why farming families face unique risks

Unlike many other businesses, farms are rarely owned outright by one person alone. Land may be held in trust, owned jointly with parents or siblings, or subject to succession plans that stretch far into the future. A divorce can disrupt these arrangements, potentially forcing the sale of land or livestock to meet a financial settlement.

Even where the farm has been inherited, it may still be considered by the court as a “matrimonial asset”, especially if it has been used to support the family during the marriage. Without clear planning, this can put the viability of the farm at risk.

A pre-nuptial agreement allows farming families to draw a line between assets that are intended to remain within the family and those that are part of the marital partnership.

Protecting the farm for future generations

Many farmers feel a strong sense of responsibility to preserve the farm for their children and grandchildren. A pre-nup can help ensure that land, buildings, and long-established farming businesses are protected if a marriage breaks down.

This is not about leaving one spouse with nothing. A well-drafted agreement will still make fair provision for both parties, for example by ring-fencing inherited or pre-marital assets while allowing for reasonable financial support, housing needs, or income provision for the non-farming spouse.

Courts are far more likely to respect a pre-nup that balances protection of the farm with fairness.

Reducing uncertainty and conflict

Divorce proceedings can be stressful, time-consuming, and expensive. For farming families, they can also drag in parents, siblings, and business partners, even if they are not directly involved in the marriage.

A pre-nuptial agreement provides clarity. Both parties know from the outset what would happen in the event of a separation, which can reduce conflict and legal costs later on. In many cases, simply having an agreement in place can encourage more constructive discussions if difficulties arise.

Supporting succession and business planning

Farms increasingly operate alongside other business structures, such as partnerships, limited companies, or diversification projects. A pre-nup can work alongside partnership agreements, shareholders’ agreements, and wills to create a coherent long-term plan.

For example, parents may be more comfortable transferring land or bringing the next generation into the business if there is a pre-nup in place protecting family assets. This can unlock succession plans that might otherwise be delayed.

A well drafted pre-nup agreement for farming families should address both financial arrangements, arrangements for any children and future expectations, including succession planning. It can also outline practical aspects of business management, such as anticipated accommodation changes when different generations move between properties on the farm. Setting these details out clearly from the outset helps manage expectations and reduce uncertainty.

In many families, there may also be an expectation to provide financial support or care for older generations as circumstances evolve. Including these commitments within the agreement can help prevent misunderstandings and ensure long-term plans are aligned.

What makes a pre-nup effective?

For a pre-nuptial agreement to carry weight with the court, certain conditions should be met:

It is also wise to review the agreement over time, particularly if circumstances change, such as the birth of children or significant changes in the farming business.

Already married?

If you are already married, it is not too late to put an agreement in place. Couples who did not prepare one before the wedding can enter into a post-nuptial agreement, which can be just as effective as a pre-nuptial agreement. The same principles apply to both types of agreements.

Intending on moving in together?

Cohabitation agreements are an important consideration for unmarried couples living together (or about to). As cohabitation becomes increasingly common, these agreements help clarify financial arrangements and property rights. For example, they can specify whether a partner who contributes to renovation costs or household expenses acquires any financial interest in the property.

For farming families, cohabitation agreements are particularly valuable when a partner moves into the family home. Without clear terms, financial contributions may unintentionally give rise to property claims, leading to costly disputes. A straightforward, professionally drafted agreement can prevent misunderstandings and safeguard family assets.

A practical step, not a lack of trust

For many farming clients, pre-nups are best viewed as part of responsible stewardship. Just as farmers insure their crops, livestock, and machinery, a pre-nuptial agreement is a way of managing risk and protecting what has been built over generations.

Integrating these agreements into a broader succession planning discussion. Handled sensitively and transparently, a pre-nup can actually strengthen a relationship by encouraging open conversations about finances and expectations. For farming families looking to secure both their personal futures and the future of the farm, it is a conversation well worth having.

For more information, please see our page on Divorce and family law, or contact Meinir Wynn Jones, who deals with all aspects of family law in Welsh or English.