Getting divorced from a farmer
Farming Divorce
Divorce is never easy but can be particularly complicated when a farming business is involved. The concern of many farm-owners is to be able to maintain the running of the farm throughout the divorce process, and ensure its viability for the future. As farming divorce cases can be complex, it’s extremely important to make sure you have the right legal advice to take you through a farm divorce to settlement or resolution.
It is not uncommon for a farm to have been in the family for several generations, and in the event of a relationship break down, the requirements of both parties need to be considered, and there are a number of factors that can complicate the issues. Will land have to be sold? Will the farming business remain viable if someone has to be paid out? Furthermore, there are sometimes other family members involved in the farming business who may also need advice.
There are often a unique set of circumstances involved that can make proceedings far more involved than a more “normal” divorce, where there might be a house, a pension, and some savings. Stock and machinery might need to be valued as well as the land itself.
Expert valuation advice will be essential and the tax implications of any settlements carefully considered. A real understanding of how the farm works is vital if a workable solution is to be found.
Some of the most common issues include:
- The farm is inherited, which might make it a non-matrimonial asset
- There are farming tenancies, trust arrangements, or corporate ownership that complicate ownership of the farm
- There are partnerships and contractual arrangements involved
- There is a wider family ownership
Why Come to Us?
Dealing with such complex cases requires careful and balanced judgements to be made in order to negotiate a successful outcome on your behalf. With the right legal advice, you can reach an agreement that maintains the viability of the farming business and ensures the best outcome of the business for the next generation.
Our highly experienced family law team has an excellent understanding of this area of law, and our expert knowledge of the structures involved in such cases will help to ensure that your family assets are protected, or prevent your farming business from being destroyed.
DISCLAIMER: The information and opinions expressed in this article does not address individual requirements and is for informational purposes only. It does not constitute any form of legal advice and should not be relied on or treated as a substitute for specific advice relevant to your particular circumstances.