The legal rights of unmarried couples living together
Living together without getting married is a common choice for many couples. However, it’s essential to understand the legal differences
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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 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 with the least possible disruption to your family or business.
We can help you plan to protect your family’s interests with the creation of a partnership agreement or trust, while pre-nuptial agreements can protect assets before a relationship started. You should also consider which of the family assets are matrimonial or non-matrimonial such as when a farm has been inherited by one spouse, which can be important in determining the division of assets.
The welfare of any children in the marriage or partnership is always the prime consideration in any divorce proceedings. Our family law solicitors have the knowledge and experience to help your family deal with the issues that come from the relationship breakdown and impact this can have on children.
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Living together without getting married is a common choice for many couples. However, it’s essential to understand the legal differences
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What is a civil partnership? A civil partnership is a way for couples, whether heterosexual or same sex, to formalise
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An agricultural divorce often involves:
Multi-generational land ownership
Inherited farmland
Family partnerships or farming companies
Trust structures
Fluctuating farm income
Significant tax considerations
Unlike many divorces where the main asset is the family home, farming cases often involve a working business that supports multiple family members. The court must balance fairness with commercial reality.
No. The court’s goal is fairness, not automatic equality.
While a 50/50 division can be a starting point, the court will consider:
The financial needs of both parties
The welfare of any children
The length of the marriage
Contributions (including homemaking and farm work)
The source of the assets (e.g. inheritance)
In farming divorce cases, courts frequently seek solutions that preserve the farm as a viable business.
Inherited farmland and pre-marital assets can carry weight, particularly in long-standing farming families. However, they are not automatically excluded from a financial settlement.
If there are insufficient other assets to meet needs, even inherited agricultural land may need to be considered.
Careful legal strategy is essential to protect generational farming businesses where possible.
Farm valuation is often one of the most complex aspects of an agricultural divorce.
Experts may need to assess:
Agricultural land value
The farmhouse
Development potential
Livestock and machinery
Crops and stock
Partnership or company interests
Independent agricultural valuers and forensic accountants are typically instructed to provide expert evidence.
Many farms operate as family partnerships.
Key issues include:
Whether there is a written partnership agreement
Who are the legal partners
Capital and loan accounts
Profit-sharing arrangements
The value of a partner’s interest
If there is no formal agreement, disputes can become significantly more complicated and may affect both the divorce and the business.
Where a farm operates through a limited company, the court will consider:
The value of shares
Directors’ loan accounts
Retained profits
Dividend history
Future earning capacity
The aim is often to structure a settlement that avoids forcing the sale of shares or land wherever possible.
A forced sale is usually a last resort.
Courts recognise that selling a farm can:
Destroy a long-established livelihood
Impact extended family members
Trigger significant tax liabilities
Creative settlement solutions, such as offsetting assets, deferred lump sums or structured payments, can often preserve the farming business.
Farming income can fluctuate due to:
Weather conditions
Commodity prices
Changes to agricultural subsidy schemes
Market volatility
Courts often look at income averaged over several years and will examine full accounts to understand true profitability.
Yes. Subsidy payments and environmental scheme income are typically considered when assessing:
Business value
Income available for maintenance
Overall financial resources
Changes in agricultural policy can also impact future earning capacity.
Tax planning is critical in agricultural divorce cases.
Potential issues include:
Capital Gains Tax (CGT)
Inheritance Tax (IHT)
Agricultural Property Relief (APR)
Business Property Relief (BPR)
Stamp Duty Land Tax (SDLT)
Poorly structured settlements can unintentionally trigger substantial tax liabilities. Early specialist advice helps avoid this.
Yes. Nuptial agreements can be highly effective in farming families, particularly where:
Land is inherited
Parents wish to protect generational assets
There are multiple family stakeholders
While not automatically binding, courts increasingly uphold properly drafted agreements that meet fairness requirements.
Yes. Many agricultural divorce cases are resolved through:
Mediation
Collaborative law
Private Financial Dispute Resolution (FDR) hearings
Arbitration
These approaches can protect confidentiality, reduce costs and help preserve family and business relationships.
