IN the light of recent high-profile divorce cases, business owners are looking more to pre-nuptials agreements in order to protect their companies.

Jonathan Brew, senior partner and family law specialist at the Worcester office of Harrison Clark LLP, said: "The papers have, in the last few weeks, been full of information about the recent House of Lords decisions for two wives in big money cases.

"The general message that has come through from these cases has been that the wives have been the winners and that the husbands have lost out.

"In reality, these cases come at the end of a series of cases that commenced at the beginning of the millennium whereby wives, instead of having their reasonable needs met, have aimed to achieve half of all assets owned within the marriage and a substantial amount of ongoing maintenance. The issue of division of assets including business assets has been settled prior to the most recent cases with it being quite clear that in long marriages the starting point, in terms of dividing assets, was one of equality.

"There have always been some exemptions, for example, inherited assets, family business and one case where a husband was considered to have made an exceptional contribution towards the assets.

"The position in respect of a wife's maintenance has, however, been more uncertain and to some extent there is still some uncertainty about it."

Mr Brew said that husbands have always sought to limit wives' to a reasonable amount of maintenance. and there are still many arguments that can be put forward in respect of how assets should be divided and also how maintenance may be calculated.

He added: "Pre-nuptial agreements are not absolutely binding in the UK and do not oust the jurisdiction of the court. However, they are given considerable evidential weight stating quite clearly in what the assets were at the time of the marriage and the parties expectations as to how they should be dealt with during it and on separation.

"It seems that pre-nuptials will become more popular in the coming years, unless, of course, marriage becomes less popular!"