A Field of Their Own: Agricultural Prenups

The mere existence of a pre or post-nuptial agreement does not automatically mean a Judge will grant an order mirroring the terms set out in the agreement.

The court's overriding objective is to consider the Section 25 factors set out in the Matrimonial Causes Act 1973 and will make a decision based on what would be fair to both parties in any given set of circumstances.

In order to have the greatest chance of being relied on, a pre or post-nuptial agreement must comply with certain requirements, as follows:

• Full financial disclosure should have taken place between the parties;
• Each party must obtain independent legal advice;
• The document (in the case of a pre-nuptial agreement) should be prepared and signed at least 4-6 weeks before the wedding to minimise the suggestion that either party entered into the agreement under duress.