Pre-nups, Post-nups & Company Protection: Why Entrepreneurs Should Plan Ahead

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Protecting Your Business from Personal Life Events

When you’ve spent years building your business, the last thing you want is for personal life events to disrupt what you’ve worked so hard to create.

But for many business owners, marriage or separation can bring just that — complications, costs, and sometimes, unintended consequences for the company itself.

That’s why more entrepreneurs are turning to pre-nuptial and post-nuptial agreements as practical tools to protect their business interests, and keep both love and law on the right track.

Whether you’re a sole trader, a company director, or a shareholder in a family firm, your business could be treated as a marital asset during a divorce.

That means that business could be subject to valuation, to division, or even forced sale — especially if much of your income or future financial security is tied up in it.

This isn’t about assuming the worst. It’s about safeguarding your livelihood, your staff, and your future — and ensuring any separation, should there be one, is as smooth and respectful as possible.

Understanding Pre-nuptial and Post-nuptial Agreements

A pre-nuptial agreement is a legal document drawn up before marriage or a civil partnership, setting out how assets (including business interests) will be handled in the event of a separation.

A post-nuptial does the same but is signed after the marriage has taken place.

While neither agreement is currently 100% legally binding in the UK, courts are increasingly upholding them — provided they are well-drafted, fair, and made with full financial disclosure and independent legal advice.

They offer clarity, reduce the risk of disputes, and give both parties confidence and a common understanding about their financial futures in the event of a separation.

Why These Agreements Matter for Business Owners

There’s a common misconception that these kinds of agreements are only for celebrities or the super-rich.

In reality, a pre- or post-nuptial agreement can be hugely beneficial to business owners and professionals at all levels.

They can protect not just the individual, but also business partners, employees and family members.

If you’re in business, protecting your commercial interests from the unexpected is just common sense — and your personal life should be no different.

Forward planning in your relationships is a natural extension of good business sense.

Specialist Legal Advice in West Sussex

At Bennett Griffin, we’ve advised countless business owners across Sussex and the South East on how to approach relationship planning in a calm, supportive and confidential way.

We’ll work with you to understand what matters most and to draft agreements that are fair, clear, future-proof and truly reflect what you would wish to happen in the event of a separation.

So, whether you’re thinking of tying the knot, blending a family, or simply planning ahead — we’re with you, and we’re just a call away.

Contact our Family Law team today by calling our Worthing office on 01903 229999 or our Chichester office on 01243 781000.

Alternatively, email info@bennett-griffin.co.uk and we’ll get back to you shortly.