An Everyday Story Of English Country Folk? The Archers, Postnups And Protecting The Family Business On Divorce

ModernFamilies

'...We are talking about protecting the future of the farm, Tony, the thing we have worked for all our lives...it concerns the whole family. Being clear and upfront about where everybody stands makes perfect sense. I'm convinced that a postnup is the best way forward for all of us'

Well said, Pat. The Archers radio drama, which has been broadcast in the UK since 1951 has become an active platform for raising awareness about important family law issues. Its producers do not shy away from controversial areas (coercive behaviour in marriage leading to attempted murder/manslaughter, domestic abuse, surrogacy). The drama's latest offering is to raise the issue of problems which can arise in family-run businesses (not only of the farming variety) when one couple within the business gets divorced. How will financial claims from a soon-to-be ex-spouse, affect the future viability of the family business and the interests of the wider family members involved in it? Pat's concern about the future of her son's marriage to the ambitious Natasha (who is directly involved in running the farm), is well-placed and her suggestion that the couple consider a postnuptial agreement after their hasty marriage seems refreshingly sensible.

The latest controversial storyline is another chapter in the Archers family saga with a helpful legal dimension. Pat's prudent suggestion to have a post-nup highlights all too common difficulties which can arise where families run a business together (farming or otherwise) and the future of that business is made vulnerable by financial claims on divorce or ownership dispute between wider family members.

Prenups and postnups are neither the preserve of the super-rich, nor have to be incredibly complex. Often, they are simply a sensible mechanism designed to reduce potential uncertainty, acrimony and unnecessary legal costs by minimising the scope for dispute. Such agreements can provide couples (and wider family members) with a measure of reassurance and certainty if properly entered into. They can be used to identify any 'non-matrimonial property' which is to be protected from any claims on divorce and are helpful in recording the intentions of a couple as to what they wish to happen in the unfortunate event that their marriage breaks down. Those sometimes emotionally-charged and...