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Divorce and Farming Partnerships and Businesses

Advice on Divorce and Farming

A guide to navigating the complexities of a divorce when a farm, farming partnership or farming business is to be considered

What is different about a farming divorce?

The assets involved when divorce and farming meet are often complex. Complexities include:

  • generational ownership,
  • illiquidity,
  • (asset rich, cash poor),
  • joint ownership with wider family,
  • home and business enmeshed,
  • husband and wife sharing legal interests in the farming partnership or business,
  • often no working experience outside of the farm and diversified businesses dependent on farm infrastructure.

These are just some of the reasons why finding a fair solution for couples who have interests in a farm or land require a solicitor. It’s key to speak to a legal expert with appropriate knowledge and expertise, and one who gives attention to detail.

To discuss a family law issue call 0113 320 5000

Emotions around the land and farming enterprise can be very strong and this too can make discussions and negotiations more complex. A farm is a home and a business, and both parties in a marriage will often feel that they have made contributions and sacrifices, regardless of who was brought up on the farm.  Farms are almost uniquely businesses where the whole family can be involved. Often without obviously direct financial reward. Helping with, for example, the books, animal passports, training for health and safety, running holiday lets, mucking in at lambing, helping haul grain from the combine at harvest and the list goes on.

Some of the key points that are likely to need to be addressed when it comes to divorce and farming:

  • Making sure that you have clear understanding of the background. How assets were acquired and by whom, and the history involved, especially where the farm is generational.
  • Clearly defining what is owned and by whom - this is not always straight forward.
  • Getting fair valuations of assets, including houses, farmland, machinery, buildings and live and dead stock, by way of example.
  • Consideration of the debts as well as the assets and how they will continue to be serviced. How they are secured and the terms of any security and whether it can be released if necessary.
  • The tax implications of sale or transfer of different assets.
  • Income needs of the parties and any dependent children and from which assets is the income primarily derived.
  • Contributions both financial and otherwise to the farm.
  • The interests of any third parties including whether any assets are held in a trust.
  • The potential for reorganising business structures to buy out share interests and retire directors.
  • Understanding any development potential of the land and buildings.

When it comes to divorce and farming, no two farming divorces are the same. Very often appropriate experts will be needed to advise and provide information about many of the points referred to in the list above and at Winston Solicitors we work with a number of trusted land agents and valuers, and often the farm accountant. We frequently use shadow experts. These will be our own choice of expert to assist us to consider the evidence of the court appointed Single Joint Experts or the family advisors and to assist with raising questions of them when appropriate.

We can then tailor every strategy to the individual needs of the specific farming case we are advising on.

Contact our family law team to discuss divorce and farming

Our team of family law experts are on hand to offer you the support and advice you need during this challenging time.

Call us on 0113 320 5000 or email @email.

FAQs

The starting point is no different to any other divorce which requires careful consideration of the financial needs of the parties along with other factors relevant to the division of assets on a divorce.

These include the contributions of each of the parties to the marriage, for example, as well as the length of the marriage, health issues, the impact on any children and the parties’ standard of living.

When it comes to considering how assets will be divided, it is also necessary to consider the provenance of the assets and the extent to which there are any non-matrimonial assets that are not automatically subject to sharing. Such as pre-marital acquired assets or inherited assets. The reality is that, at least part of the farm is likely to be the family home as well as the business. Even where inherited and passed down through the generations., Therefore, this may be considered to be matrimonial as a result. Divorce and farming is a complex area of law and good advice that takes all the relevant legal factors into account is required to ensure the right outcome.

In recent times, there has been a lot said about farming incomes. Alack of income over the lifetime of the relationship can mean that the farm is the only asset to provide for both parties in their lives after the divorce. This might mean that some assets have to be sold. Which can lead to disagreements about whether that would harm the future of the farming business.

This is a difficult consideration for everyone. Very often both parties to the marriage will have contributed to farming life, and valuing one contribution over another is emotive. It is important to understand that the court does not give any lesser weight to the contribution of the home maker and provider of childcare than to the party who, on the face of it, is running the business. In most cases, the contributions will be considered to be equal.

When it comes to divorce and farming, determining whether assets are matrimonial or non-matrimonial has become increasingly important following the case of Standish -v- Standish, which was decided by the Supreme Court in 2025.

Establishing that the farm is non-matrimonial may significantly affect the eventual outcome.   However, demonstrating that the farm has been passed through the generations, the assets have not been intermingled (meaning shared with or contributed to by the other party), or that other family members will be adversely affected will only help provided there are sufficient assets to provide for both parties. If there are no other assets to meet the reasonable needs of the spouse, the court can still invade the “non-matrimonial” property to meet the reasonable needs of the other party and any children.

 

The needs of the parties will take precedence over the needs of the next generation, unless they are minor children. If they are minors, their needs have to be met until they are adults.

However, in certain cases, if promises have been made to adult children and they have relied on the promises and have suffered a detriment in relation to the promise, it is possible that they could have a claim against the farming assets in their own right. In some circumstances it is possible for adult children to make their own representations before the court if they claim an interest in the assets being considered for division between their parents.

The most common way to avoid sale or division of the farm is by reorganizing business structures to raise funds or to use the land as security for further borrowing to provide a housing/living fund for the non-owning spouse.

Other options such as using income from renewables or other diversification projects to help fund a capital payment and provide a future income stream if this is appropriate.

We have outlined above just some of the issues which might have to be considered when you wish to achieve a fair settlement. No two cases are the same. Often, the farm value will run into millions and there is a lot at stake.

At Winston solicitors you will be introduced to some of the best experts to guide you with valuations, accountancy and business advice so that you can best use all the available options in relation to the farming assets to get a financial settlement that allows both spouses to move out of the marriage and on with their lives.

Understanding all your options is crucial to unlocking assets to enable a financial settlement.

At Winston Solicitors, we specialise in helping clients across Leeds, Harrogate, Yorkshire and Northumberland as well as nationally with divorce cases involving farming and inherited assets.

Speak to our family law experts today

Our team is ready to help you navigate your divorce with clarity, confidence and expertise.

Client feedback

Hannah at Winston helped me with filing the financial issues of my divorce to the court. She liaised with my ex husband as I was at a point I could no longer speak to him. I am very grateful to Winston’s and especially Hannah.
Anonymous
Was very satisfied with all the procedure of getting divorced was kept informed always through and explained all the legality in simple terms
Terry
Wendy Campbell who delt with my devorce was polite and understanding,very pefessional.I could not have ask for a better person to help me through the bad times. Always keeping me up to date with every thing and no problem she could not handle.
Andrew
My Divorce case was handled efficiently and with understanding by Teresa and Judith who guided me all the way through it with sympathy for the circumstances and I wouldn't hestitate to recommend them, infact I have already done so!
Elizabeth R
I have used Winstons for both family and Conveyancing and they have been 5* on both.I would highly recommend
Jacqueline
Review for Wendy – Family Law Services at Winston’s Solicitors, LeedsI recently had the pleasure of working with Wendy from Winston’s Solicitors in Leeds on a family law matter, and I cannot recommend her highly enough. From our first consultation, Wendy was incredibly professional, empathetic, and thorough in her approach. She took the time to fully understand my situation, providing clear and concise advice at every step of the process.Throughout the entire case, Wendy was always available to answer any questions I had, and she made sure I felt supported and informed. Her knowledge of family law is exceptional, and I felt confident in her ability to handle my case. She was transparent about all costs, keeping me informed of any developments along the way.What truly stood out to me was her attention to detail and her ability to navigate what was a very emotionally charged situation with sensitivity and care. Wendy was not only a skilled professional but also genuinely understanding of the emotional impact of my case, which made a huge difference during a stressful time.Thanks to Wendy’s hard work and dedication, I was able to reach a favorable outcome, and I am incredibly grateful for her support. If you are looking for a compassionate and experienced family law solicitor, I would wholeheartedly recommend Wendy at Winston’s Solicitors.
Natalie
Exceptional Service - Highly Recommended I recently engaged the services of Winston Solicitors and was thoroughly impressed by the professionalism, expertise, and dedication demonstrated by the Winston team: Harriet Reid and Emily Bell. From the outset, they provided clear guidance, timely communication, and a level of care that made a challenging process much more manageable. Their attention to detail, responsiveness, and commitment to achieving the best possible outcome were evident throughout. I felt fully supported and confident in their hands. I highly recommend Winston Solicitors to anyone seeking high-quality legal services. Thank you for your outstanding work!
Emmanuel
In my divorce I dealt with Teresa Davidson and Emily Bell. I found them both at all times to be professional, responsive and compassionate. Based on my experience I would not hesitate to recommend them for any divorce or family law related matter.
Mark
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