Getting divorced is often a fraught and emotional time. If you also run a farm, it can make the divorce proceedings even more stressful.

For many families, farming is their livelihood and is not a job but a way of life. Often a farm will have been in the family for many generations.

You might worry that upon getting a divorce you will have to break up your farm. Or you will have to sell the business and land.

Contact the Family Law team

If your spouse owns the farm, you might worry that if you divorce, you will lose your house and source of income.

Whether you;

  1. Are getting divorced yourself, or
  2. You have passed your farm to an adult child who is getting divorced

And you’re worried about how it will affect your business, our Family Law team are here to help.

 

How do I get a farming divorce?

First, it is important to gather all information relating to the farm.

This includes mortgages, valuations and who owns what. Doing this now will save time and help avoid disputes down the line.

Both parties should also fully disclose;

  • All financial assets
  • Income and liabilities including bank accounts, business accounts,
  • Valuations of the farming land, business and evidence in relation to income stream

Next, you need advice from a divorce solicitor experienced in dealing with farming and agricultural divorce.

This is a complex area. By getting advice early, you can ensure;

  • You preserve your farm
  • Continue to operate and generate income, as well as
  • Keep it to pass on to future generations.

 

How can I preserve my family wealth and protect my farming assets during divorce?

It’s crucial to put a plan in place in advance, which considers;

  1. Your family’s circumstances, and
  2. The specifics of your farming business

This could be in the form of a pre-nuptial agreement, if you are not yet married. If you’re already married, a post-nuptial agreement will set out how you’ll divide current and future assets if you do divorce.

Partnership agreements are also often used by farming businesses. They can state in writing which assets are owned by individuals and which are owned by the partnership.

You might also consider a family, or discretionary trust. This can protect your family assets as well as minimise tax by dividing farm income.

 

Will I have to sell my farm as part of the divorce settlement?

It’s unlikely that the court would order you to sell the farm as part of the divorce settlement. This is because it would take away your home as well as your source of income.

If other family members own or live on the farm, then it’s sale would also have a significant impact on them.

In some cases, land can be transferred between spouses as part of the divorce settlement. Or, other distributable assets will be considered to avoid selling part of or all the farm.

 

What will happen to my farm if a family member divorces?

If you have provided;

  1. Financial support, or
  2. Housing

to an adult child during their marriage and they get divorced, the Court will consider this when deciding upon settlement.

So it’s crucial to consider the implications of supporting family during their marriage. Especially where you have built up your wealth through a farming business.

 

Do I have to use a solicitor for a farming divorce?

You could apply for the divorce yourself. However, sorting out financial matters resulting from the divorce will need specialist advice.

Farming divorces can be especially complex as the business may have been inherited by one party prior to the marriage. Also, farms are often owned by many family members. As such, their interests and rights also need to be considered. It is important to record any agreement by way of a binding court order.

Additionally, if you own the farm you may want to keep it after the divorce because it generates an income. You might also wish to leave it to future generations.

If:

  • Any trusts or gifts have been made, or
  • There are contractual arrangements or farming tenancies

This can add further challenges.

 

Do I need to go to court?

In most cases, you do not need to go to court for a farming divorce. Unless of course, you are unable to reach an amicable resolution.

Alternative dispute resolution (ADR) is another option that can help couples reach a quick and amicable agreement. This could be in the form of mediation, collaboration or arbitration.

 

How are farming divorces dealt with by the court?

The court usually starts by looking at a 50-50 split, depending on the length of the marriage.

The court will also consider whether an equal division of assets is the fairest option. When doing this they will consider a range of factors, including:

  • The needs of any children from the marriage
  • The income/earning capacity of both parties
  • The financial resources of both parties
  • The financial needs of each spouse
  • The contribution each party has made or will make towards the welfare of the family
  • Any physical or mental disabilities of either of the parties
  • How best to preserve the farm as a source of income
  • The viability of passing the business on to future generations
  • Whether the farm is a marital or non-marital asset

 

Why choose Rothera Bray for a farming divorce?

We will discuss your case with you in detail. This includes visiting the farm to understand:

  1. How it operates, and
  2. What family members are involved in its running

We can work with our Corporate and Commercial team to give advice about the structure of your farm, whether it’s a partnership, family trust or limited liability company. We’ll advise you on how you can protect your corporate assets in a family-owned business.

We can liaise with our Wills and Probate team on inheritance and succession planning as well as trust arrangements. In event of a separation or divorce, our dedicated child law team can help with all types of children matters.

We can also advise on pre-nuptial and post-nuptial agreements. This will set out arrangements for how your farm and assets will be divided if you should divorce in the future.

We can advise on cohabitation agreements if you are in a new relationship and are both making financial or practical contributions to the business

We have a network of professionals including accountants and financial advisers we can put you in touch with to advise you on tax and financial ramifications.



Contact our Family Law Team

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Rebecca Emeleus, Family Law Partner at Rothera Bray
“No two divorces are the same, but we can help you navigate your farming divorce with sensitivity and compassion.”

Rebecca Emeleus
Head of Family Law

What they about our divorce solicitors

Contact our Family Law Team
Family Law
Anne-Marie Bowman, Family Law Partner

Ann-Marie Bowman

Partner, Chairwoman & Head of Care

Ann-Marie Bowman is Partner and Chairwoman of East Midlands-based law firm Rothera Bray Solicitors. Working from our Nottingham and Derby offices, Ann-Marie remains highly committed to her fee-earning work in Family law, dealing with all aspects of children law.

Rebecca Emeleus, Family Law Partner at Rothera Bray

Rebecca Emeleus

Partner & Head of Family

Rebecca is a Partner in the family law team and is based at our Kayes walk, Nottingham office.

David Berridge, Leicester family law partner

David Berridge

Partner

David has over 30 years’ experience practicing Family Law. He is one of the most experienced family solicitors in Leicestershire and deals with a wide variety of matters.

Sarah Gill, Family Law partner at Rothera Bray

Sarah Gill

Partner

Sarah is an experienced matrimonial and family law solicitor, dealing with children matters including child care, financial issues following separation of married couples and divorce.  She undertakes court work in Leicestershire, Northamptonshire & Warwickshire. She is based at our Market Harborough office.

Joanne Millward, Partner in the Family Team at Rothera Bray

Joanne Millward

Partner

Joanne Millward has over 30 years’ experience dealing in all areas of Family Law in our Nottingham Lace Market, Derby, Beeston and Mapperley offices.

 

Emma Adcock, Family Law Solicitor

Emma Adcock

Senior Associate Solicitor

Emma Adcock is a Solicitor with over 20 years’ experience across a wide range of family law matters arising from relationship breakdown.  Working from our West Bridgford office in Nottingham, she has significant experience in divorce and the accompanying financial settlements.

Charley Kelly, Associate Solicitor in the Family Department

Charley Kelly

Associate Solicitor

Charley is an experienced Family Associate Solicitor who specialises in all areas of Family law. She acts for clients on a wide range of family issues including divorce, financial remedy and children matters. She is based at our Leicester office.

Emily Sherwood, Solicitor in Rothera Bray's Family and Children Law department

Emily Sherwood

Associate Solicitor

Emily Sherwood is an Associate Solicitor in Rothera Bray’s Family and Child Care department and is based at our Lace Market Nottingham and Derby offices.

Gurpreet Singh, Associate in Rothera Bray's Child Law Department

Gurpreet Singh

Associate

Gurpreet Singh is an Associate in Rothera Bray’s Child Care department and is based at our Derby office.

Rebecca Hudson

Rebecca Hudson

Solicitor

Rebecca is a Solicitor in Rothera Bray’s Family Law department and specialises in divorce and matrimonial work. She is based at our Lace Market office.

Gabriella Kent, Child and Family Law Solicitor

Gabriella Kent

Solicitor

Gabriella Kent is a Solicitor in Rothera Bray’s Family and Child Care department and is based at our Nottingham Lace Market office.

Chris Monro, Senior Solicitor at Rothera Bray Market Harborough

Christopher Monro

Senior Solicitor

Chris is an experienced solicitor dealing with most areas of Family and Matrimonial Law and is based at our Market Harborough office.

Ewan Paton is a Solicitor in our Family Law team based in West Bridgford.

Ewan Paton

Solicitor

Ewan is a Solicitor in the Family Law department and is based at our West Bridgford office.

Katie Murden is a Trainee Solicitor at our Derby and Beeston office.

Katie Murden

Trainee Solicitor

Katie is a Trainee Solicitor in our Family Law department and is based at our Derby and Beeston offices.

Cindy Dodd, Managing Paralegal in our Family Law department

Cindy Dodd

Managing Paralegal

Cindy Dodd is a Managing Paralegal in Rothera Bray’s Divorce and Family Law team and is based at our Lace Market office in Nottingham city centre.

Gita Patel, Senior Legal Secretary at Rothera Bray

Gita Patel

Senior Legal Secretary

Gita Patel is a Senior Legal Secretary in the Family Law department at Rothera Bray and is based at our Leicester office.

Lorraine Lloyd, Family Law Paralegal at our Market Harborough branch.

Lorraine Lloyd

Paralegal

Lorraine is a Paralegal in the Divorce and Family Law department based at our Market Harborough office.

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