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Farms on divorce

What makes farming divorces different?

There is no particular difference between how a farm is dealt with on divorce, as against other businesses. However, farms are usually more difficult to deal with for a number of reasons:

  • They are income light and capital heavy – the underlying value of the land and property can be very substantial when compared with the income derived from them
  • They are often “lifestyle” businesses – much of the benefit of running a farm is the lifestyle that goes with it, which is supported by the farm
  • Farms are often inherited, making them non-matrimonial assets that will not be subject to the sharing principle (i.e. will not usually be divided equally)
  • There is often wider ownership amongst brothers/sisters/parents or wider members of the family, so extracting capital is more difficult
  • There is often a lack of liquidity, so raising cash to buy alternative houses can be difficult
  • The ownership is often complicated by farming tenancies, corporate ownership and/or trust ownership

MaximizeWhat should I do first?

MaximizeIs it necessary to instruct a divorce lawyer in connection with the farm?

MaximizeHow does the court approach farming divorces?

MaximizeWill the farm have to be valued on divorce?

MaximizeWill the farm have to be sold on divorce?

MaximizeDoes it make a difference if the farm is owned in trust?

MaximizeWhat should I consider next?

Divorce and the Farm

You may also be interested in a book jointly written by one of our lawyers specialising in this area. In it, Nick Stone offers practical guidance for anyone trying to navigate their way through the complexities of a farm divorce.

>> Order Divorce and the Farm