Grandparents’ rights to see grandchildren
One of the common misconceptions surrounding family law is that grandparents have an inherent or automatic right to see or
Farming divorce: expert legal advice for farming families
Protect your farm, your business and your family during divorce
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Overview
Farming families need specialist legal advice during divorce to protect both their business and their future.
What are the challenges facing farming families during divorce?
Farming divorce cases are often complex because the farm is both a home and a business.
When a couple separates, dividing assets can affect not only you, but also wider family members who rely on the farm. Where the assets are liquid, this is more easily resolved, but in farming families, the farm property and business are sometimes the only assets.
Do you need to go to court to resolve financial matters?
Not necessarily. In many divorce cases, financial issues can be resolved without court involvement. Court proceedings can be costly, time-consuming and may add unnecessary stress.
We will help you understand all available options, including mediation, collaborative law and arbitration. These approaches often allow you to reach agreement more efficiently and with less conflict, helping you move forward in a more constructive way. We will talk you through what is most suitable for your situation so you can make informed decisions at every stage.
What if other family members live on the farm?
Where extended family are involved in the running or occupation of a farm, this can add complexity to financial arrangements and any decisions about the future of the business.
You may find that adult children have been supported financially or provided with accommodation as part of long-term family arrangements. These factors can be relevant when considering how assets are divided, and whether the farm can continue to operate in its current form.
We will help you understand how these arrangements may be viewed and what impact they could have on both the financial settlement and the future of the business.
What can I do to minimise the impact on my family during divorce?
When you are going through a divorce, your children’s wellbeing will be your main concern. You may need to make decisions about care, routines and financial support, often during a stressful time. You will get clear, practical advice to help you put arrangements in place that support your children’s emotional and financial stability.
Tees are brilliant. They have quality at all levels and are number one for farming cases. Their personable approach and can do attitude make them the best firm in Bishop's Stortford and the surrounding areas.
Understanding how farm assets are owned is essential in a farming divorce
Assets may be held individually, in partnerships or through company structures. It is important to identify which are matrimonial and which are not. If a farm has been inherited by one spouse, this can be important in determining the division of assets.
A non-inheriting spouse may not be entitled to an equal share of the farm on divorce, but their needs and the needs of any minor children must be met. They may need capital to house themselves and any children who will no longer live on the farm, as well as income and a pension. Assets may include:
- land
- residential and farm buildings
- machinery
- livestock
- investment funds
- pensions.
What support is available for farming families dealing with legal and financial planning?
You will have access to specialist legal advice tailored to the agriculture sector, with a clear understanding of the commercial and family dynamics involved in farming businesses.
We regularly support farming families to protect assets and plan for the future in a way that reduces disruption to both the business and family relationships. This can include the use of separation agreements, pre- and postnuptial agreements, and partnership structures designed to give clarity and security. Our focus is on helping you find practical solutions that protect what matters most, while supporting the long-term continuity of the farm.
Supporting you at every stage
- Dividing assets in divorce – including expert valuations.
- Separation agreements – to manage assets and child arrangements without court involvement.
- Financial claims – including property transfer, pension sharing, lump sum payments and spousal maintenance.
- Child arrangements – ensuring the children’s best interest for custody and financial support.
- Postnuptial agreements – protecting your assets into the future.
- Prenuptial agreements – giving clarity about matrimonial assets.
- Partnership agreements – clearly defining the terms of a business partnership.
- Discretionary Trusts – where trustees manage assets on behalf of beneficiaries.
Our experience in farming divorce
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Case study: Farming divorce settlement - securing a fair outcome in a high-value agricultural case
Farming divorce cases are often complex, especially where inherited land and long-established family businesses are involved. In this case, Tees acted for Ava in financial remedy proceedings after a 40-year marriage centred on a 500-acre arable farm. With disputed valuations and an entrenched position from the other party, we combined early negotiation, expert evidence and strong litigation strategy to secure a significantly improved outcome.
Legal and financial advice
Tees is a top-tier Legal 500 firm and our teams are experienced in all aspects of law, so you can be assured of a comprehensive and joined-up service. As well as legal expertise for rural businesses, we have specialists in employment law, property, litigation and finance.
We also have in-house independent financial advisers who work closely with our lawyers to deliver all the advice you need for your business. Our IFAs are regulated and authorised by the Financial Conduct Authority, which means we are accountable for all the advice that we give.
If you’d like to speak to one of our team, our family and divorce lawyers are based in:
But we can help you wherever you are in England and Wales.
Farming divorce: expert tips to protect your family farm
Divorce can be especially complex for farming families, where the farm is not just a business but a way of life. James Scarborough, Senior Associate at Tees, explains the unique challenges faced in farming divorces, including the protection of inherited assets, managing property disputes, and safeguarding the future of family farms. This article highlights key strategies to protect the farm, such as partnership agreements, family trusts, and prenuptial agreements, alongside non-court dispute resolution options.
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Frequently asked questions
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Farming divorce FAQs
Why are farming divorces more complex than other divorces?
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.
Is the farm automatically divided 50/50 on divorce?
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.
What happens if the farm has been in the family for generations?
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.
How is a farm valued during divorce?
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.
What if the farm is run as a partnership?
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.
What if the farming business is a limited company?
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.
Will the farm have to be sold in a divorce?
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.
How is farming income assessed?
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.
Are agricultural subsidies included in divorce proceedings?
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.
What tax issues arise in farming divorce?
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.
Can a prenuptial or postnuptial agreement protect the farm?
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.
Can farming divorce disputes be resolved without going to court?
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.
