Farming divorce
Running a farm is usually a family concern. Farms are passed down from generation to generation, and it’s more than just an asset and an income; it’s a way of life.
Preserving your legacy: Expert divorce solutions for farming families
Divorce in farming families brings specific and often complex challenges around the ownership of assets and how the income from these is shared.
With our deep knowledge of the farming sector and the experience of serving many clients who have been with us over generations, we will work to protect your wealth and assets and deliver a fair outcome with the least possible disruption.
Divorce is a testing and stressful process for anyone, and we understand how important it is to have a sympathetic legal adviser who understands all the issues you face.
Our family law solicitors have the knowledge and experience to help farming families deal with the issues that come from a relationship breakdown and the impact this can have on children.
We can also help you plan your affairs strategically ahead of time to protect your interests in the future through the creation of a partnership agreement or family trust. This will take full account of your farming business and individual family circumstances.
A pre-nuptial agreement can protect assets acquired before your relationship started, including finances, property and business assets, and issues relating to children. We can advise on your legal responsibilities and draft a pre-nuptial agreement that will stand up in court.
Other issues to consider include when a farm has been inherited by one spouse it may be regarded as a non-matrimonial asset, whereas land bought during the marriage could be a matrimonial asset. This can be an important distinction in determining whether assets are shared equally for example or only to the extent necessary to meet needs.
A non-inheriting spouse may not be entitled to an equal share of the farm on divorce, but their needs, and those of any minor children, must be met. They may need capital to house themselves and any children who will not continue to live on the farm, plus income and pension provision.
The issues we can help you with include:
- Dividing assets in divorce
- Separation agreements
- Financial claims
- Child arrangements
- Post-nuptial agreements
- Pre-nuptial agreements
- Partnership agreements
- Discretionary Trusts
Get in touch
Speak to one of our farming divorce specialists at Tees today, on 0808 231 1320
Our lawyers are based in:
Cambridgeshire: Cambridge
Essex: Brentwood, Chelmsford, and Saffron Walden
Hertfordshire: Bishop's Stortford and Royston
But we can help you wherever you are in England and Wales.
Frequently asked questions
A farm that has been inherited by one spouse may be regarded by the court as a non-matrimonial asset, whereas land purchased by the spouses during their marriage could be considered a matrimonial asset. This can be an important distinction in determining whether assets are shared, say, equally or only to the extent necessary to meet needs. This is a complex matter and legal (and accountancy) advice should be sought.
The non-inheriting spouse may not be entitled to an equal share of the farm on divorce but their needs (and those of any minor children) must be met. They may need capital to house themselves (and any children who will not continue to live on the farm), plus income and pension provision.
