2 Comments Family & de facto law, financial agreements, consent orders
From the family law viewpoint, I would say your entitlement from the business would depend on the time and effort you invested in growing the business, but I also believe that you are entitled to a share of assets built during the relationship, business or otherwise,
Back to the business, it's worth is arguably to the shareholders, so if you and your partner were not shareholders you wouldn't benefit from an increase in value. But, if your partner was an indirect beneficiary then again from you ought to be entitled to a share. You say her family will invest capital, so the question is who the shareholders are, if it is pure equity capital as such, or a loan to the business.
Out of interest is she also trying to protect any future inheritance from her family?
I reckon you need to have something in the pre-nup that protects your financial contributions too. Pre-nup's are hard work. Basically once their is a child, or if the marriage lasts say 10 yrs then the pre-nup can be challenged because it no longer reflects the financial situation of the parties. BUT that would be bloody expensive to challenge in court.
My thoughts, well for it to be legally binding, both parties need to get independent legal advice. So don't sign it unless your solicitor tells you that it is reasonably fair and don't take advice from your partner's solicitor....