With prenups regularly featuring in the press, can a business owner entering into a later or second marriage protect assets built up before this relationship?

Unromantic?! Better to find out your financial rights and attitudes now, instead of regretting it expensively later.

Prenups are still not automatically binding on divorce judges in England but are increasingly upheld by them.

The current legal view is summed up as: "The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the prevailing circumstances it would not be fair to hold the parties to their agreement."

In layman's terms, for the best chance of achieving a binding prenup consider the following:

• Get a specialist family law solicitor involved soon after the engagement. Sign no later than a month before the big day.
• Record that both parties have had the opportunity to seek independent legal advice.
• Attach a schedule of assets to the prenup. Make it clear which assets were whose from before the relationship and which, if any, are joint. How are those to be treated?
• Record you want the prenup to bind you both in this and any other jurisdiction.
• Set out if you have or are intending to have children together. Show you have considered they will need providing for if they arrive.
• If children are later born review your prenup and make express provision for them. You could then look to ring fence your business capital assets while still demonstrating a reasonable settlement.
• If you start a business together, or buy or invest together deal with how you want to hold those interests. Who gets what if you separate? The more fair the prenup appears the more likely it is to bind the judge.

Be wary of putting your spouse on the business books just for tax reasons if they are not going to participate in the business.

Prenups are an evolving area but should become as normal as filling in your tax return or getting your will done. Protect yourself and your relationship from future misunderstandings. It could be your best wedding present!

• Deborah Hatton can be contacted on 01634 686822