If you own or are involved in a viticulture business, your business is likely to represent far more than a commercial venture to you. It will often reflect heritage, identity and generations of careful planning. Against that backdrop, relationship breakdown can present significant legal and commercial challenges, making forward planning essential to safeguard both your personal and business interests.
Divorce and its impact on your business
Your business may include high-value land with limited liquidity, inherited or gifted assets alongside wealth built during your relationship and, often, involvement from multiple generations. In the event of a divorce, you may not be aware that the family courts in England and Wales have wide discretion to redistribute assets to achieve a fair outcome. This can extend to land, property and business interests, even where those assets were inherited or brought into the marriage. In practical terms, this may result in pressure to sell land or property to meet a financial settlement, disruption to your vineyard or estate operations, and tension between family members who may also have an interest in the business.
How can nuptial agreements help?
A prenuptial or postnuptial agreement allows you to set out clearly how assets should be treated if your relationship comes to an end. While these agreements are not strictly binding in England and Wales, the family courts will generally uphold them or attach significant weight to them where both you and your partner have entered into the agreement freely, exchanged financial disclosure, had adequate time to reflect upon the terms and had the opportunity to take independent legal advice.
For you, having a pre or post nuptial agreement provides an opportunity to protect inherited land and family wealth, distinguish between the assets you bring into the relationship and those built together, reduce uncertainty and support the long-term stability of your business. For example, if your vineyard forms part of a wider estate or family structure, protecting it is likely to be a priority and a carefully drafted nuptial agreement can help you ringfence specific land or business interests.
The nuptial agreement can also sit alongside any trust arrangements you have in place and support wider succession planning. This is particularly important where the land has been passed down through generations or where there is a clear intention that it should remain within your family.
Timing
This is an important factor. If you are considering a pre-nuptial agreement, it is advisable to raise this well in advance of your wedding to ensure that both you and your partner have sufficient time to take independent advice and have time to reflect. The Law Commission’s guidance states that prenuptial agreements should be signed at least 28 days before the wedding.
You may also wish to review your position and the agreement during your relationship, particularly if your circumstances change, for example, following a business growth or restructure.
Second marriages and marriages later in life
Nuptial agreements can be especially relevant if you are entering a second marriage or marry later in life. Where you have already accumulated wealth or you have children from a previous relationship, you may be keen to ensure that certain assets are preserved for the next generation. A prenuptial or postnuptial agreement can help you achieve this and strike a balance by providing clarity for both you and your partner, while reducing the risk of future misunderstandings.
How can Birketts help?
A nuptial agreement is most effective when considered as part of a wider, holistic approach. It will help ensure that your business and family wealth are properly protected. This may include your will and estate planning arrangements, trust structures and tax planning. Our Family Team works closely with colleagues across the firm’s agricultural and private client teams to support vineyard owners and landed estate clients.
If you would like to discuss how best to protect your business and family wealth, please contact Birketts’ family team.
Key Contacts
Audio versions of this article are autogenerated and occasional errors in interpretation may be made. The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article, please contact the author in the first instance. Law covered as at July 2026.