Farming Divorce Solicitors
When a farming marriage breaks down, the divorce process is often different to any other. Because the farm is where you live, how you earn and, in many cases, what your family has worked to build across generations, the thought of losing it can feel incredibly daunting.
Our agricultural divorce solicitors work with farmers across England and Wales from our offices in Bedminster, Bishopston, Bristol city centre, Kingswood and Thornbury to protect their businesses and their livelihoods through what is often one of the most difficult periods of their lives.
Contact our farming divorce solicitors in Bristol and South Gloucestershire
If you’re facing a divorce or separation that involves a farming business, contact our specialist team on 0117 325 2929 or fill out our enquiry form.
Why farming divorce is different
Agricultural divorces involve legal complexities that general family solicitors often underestimate. A farm is simultaneously a home, a business, and sometimes, a family inheritance, and each of those dimensions is treated differently by the courts.
Key issues that make farming divorce distinct include:
- Farm businesses are difficult to value accurately, given that they are often cash-poor but asset-rich
- Pre-marital and inherited land: the Family Court can take a different approach to land brought into the marriage or passed down through the family, but this is not always the case and specialist legal advice is key
- If the spouse or partner has supported the farm, e.g. worked on it or managed the household, they may be entitled to a substantial financial settlement, regardless of whose name the land is in
Understanding these issues is what separates specialist agricultural divorce advice from general family law.
Why choose Barcan and Kirby’s divorce lawyers?
Our Divorce and Separation team comprises several specialist lawyers with decades of expertise and experience in a range of areas of family law, beyond agricultural divorce.
We take the time to understand your farm, your business and what is at stake for you and your family. Where helpful, we can visit the farm to gain a clear picture of your circumstances and provide specialist advice tailored to your needs.
Based in Bristol and South Gloucestershire, our lawyers advise families across the UK on:
- Child arrangements
- Civil partnership dissolution
- Cohabitation agreements
- Cohabitation disputes
- Collaborative law
- Declarations of Trust
- Divorce finance
- Domestic abuse
- Donor conception and fertility law
- Prenuptial and postnuptial agreements
- Separation agreements
- TOLATA claims
We are top-ranked in legal guides, Chambers and Partners UK and Legal 500 for our expertise in matrimonial law. Most of our lawyers are members of Resolution and Law Society accredited, demonstrating the strength and quality of our family law advice.
Farming divorce FAQs
Farms are typically valued by an independent agricultural surveyor or valuer, who can be appointed by both parties or the Family Court. The valuation will cover land, buildings, livestock and machinery. Non-tangible assets, such as grants, can also form part of the overall valuation.
Not necessarily. As with any other type of divorce, the court will consider the financial needs of both parties (and any children) and aim for a fair division of assets. However, because the farm is usually the primary source of income, your lawyer will need to consider how to achieve a fair outcome, and this may involve coming up with a more creative way of ensuring that both parties’ needs are met, while maintaining the stability of the farm.
If it is decided that the farm should be divided, your solicitor will consider several options. These include:
- One party buying the other party out (this can be by a one-off payment, instalments or by offsetting against other marital assets)
- Selling the farm entirely and splitting the proceeds between both parties
- Transferring the ownership of some or all of the land
- Creating a business partnership so both parties can manage the farm and any associated assets jointly
The above are just examples, and there is no one-size-fits-all solution. Our divorce solicitors collaborate with trusted local professionals, including valuers and accountants, to provide you with the best advice for your circumstances.
Land inherited before or during the marriage is not automatically excluded from divorce proceedings in England and Wales. However, the court may see that inherited land should be treated differently, especially if it’s been kept separate from marital finances and other income. Your solicitor will be able to advise you on whether this is likely to be the case.
Yes, your divorce can be settled outside of court. Our solicitors encourage a non-confrontational, collaborative approach to divorce and separation, where possible, and this is no different for agricultural divorce.
When you instruct our farming divorce solicitors, we will gain a detailed understanding of what you are hoping to achieve and any concerns you have. We will advise you on the best approach, keeping your best interests at heart.
If a dispute arises or finding an amicable way forward is becoming a challenge, our lawyers will advise you on your options. This may include mediation or negotiation between both parties’ solicitors. If this fails and court proceedings become necessary, our team has the expertise to support you through the process.
As with any other business that you may share with a spouse or partner, there are ways to protect you and the farm should your relationship break down in the future. While these are legal mechanisms, it is important to remember that the court will still consider a variety of other factors and can overrule these.
Examples of how to protect your farm in divorce include:
- Entering a prenuptial or postnuptial agreement
- ‘Ring-fencing’ any inheritance or Trusts so they remain separate from marital assets
Contact our specialist farming divorce lawyers
If you are a farmer facing divorce or the spouse of a farmer wanting advice on your options, we can help. To speak to a member of our team, call 0117 325 2929 or fill out our online enquiry form, and we will be in touch.