Divorce is never easy, but it can be an especially difficult for farming families, where the family farm will need to be taken into account for the divorce settlement. Where both spouses are actively involved in running the farm, the future operation of the business will also need to be considered.
Pickering & Butters’ Family Law team work closely with our Agricultural Law team to regularly advise farming families going through divorce and separation. This means can you benefit from the specialist expertise of both teams, making sure you get the right advice to match your circumstances.
We can offer decades of experience working with the farming community on issues including divorce and separation. This expertise means we understand the type of issues you are likely to face and can provide tried-and-tested solutions to achieve a fair outcome that protects the future of your family business.
Our family lawyers can also advise on related issues, including arrangements for children, while our agricultural lawyers can assist with matters such as succession planning that may need to be revised due to the change in your personal circumstances.
How we can help you with farming divorce
Making a financial settlement
We recognise the need to achieve a fair financial settlement while protecting the family business. Our team can advise you on the various options, including using creative approaches to ensure both parties’ needs are met without the need to sell or break up your business where possible.
The majority of divorce settlements can be agreed through alternative dispute resolution, such as using collaborative law, saving you time and money, as well as avoiding the stress and uncertainty of court proceedings.
Protecting your farm during divorce
There are various approaches that can be used to help protect the family farm, such as giving one spouse a greater share of other assets to offset the value of the business and land. We can also advise on issues such as where the farm ownership is split between various family members or is held in a trust.
Wills & succession planning
When getting divorced, it is essential to review your estate planning, including making a new Will and thinking about who will run the family business when you retire or pass away. Our agricultural lawyers are highly experienced in such matters, so can help you get the right plans in place to safeguard the future of your family business.
Common questions about divorce for farming families
Will the family farm be part of a divorce settlement?
Any and all assets owned by both spouses will potentially need to be considered as part of any divorce settlement, including your family farm. However, this can get complicated if the farm is held in a trust or co-owned with other family members.
We will be happy to advise you on your options for achieving a fair settlement while avoiding any harm to the family business where possible.
Will we have to sell our farm when getting divorced?
Given how valuable farming businesses and the associated land and other assets can be, it might seem like your only option to divorce your assets will be to sell the farm. Understandably, this thought can be very upsetting for many farming families.
However, it is often possible to use creative solutions, such as giving one spouse a greater share of other assets or selling some of the land, buildings or other assets without harming the future prosperity of your business.
Are court proceedings necessary to make a divorce settlement?
No, the overwhelming majority of divorce settlements are now achieved through alternative dispute resolution, so court proceedings are rarely required. In the unlikely event you do need to go to divorce court, our highly regarded Matrimonial Team can advise you and ensure you have the very best representation.
Why choose Pickering & Butters’ for your farming divorce?
With experts in both family law and agricultural law in the firm, we are able to offer the perfect blend of legal skills, knowledge and experience you need for a farming divorce.
We have assisted farming families and agribusiness owners in these sensitive matters for decades, so you can be confident that we know how to get the best outcome for people just like you.
Our team will give practical advice in plain English, avoiding unnecessary legal jargon. You will work with a dedicated member of our team, so you always know who to speak to with a question or for an update and don’t end up getting passed around from person to person.
Having dealt with everything from multi-million pound international agribusinesses to local family farms, we have the experience and industry-specific knowledge to make sure your family and business are in safe hands during this difficult time.
Pickering & Butters is Lexcel accredited by the Law Society in recognition of the high standards of practice management and client care we provide.
We are independently regulated by the Solicitors Regulation Authority (SRA), providing assurance that we continually meet the highest legal and professional standards.
Get in touch with our agricultural and family law solicitors in Stafford and Rugeley
If you are going through a divorce and need help making sure you get a fair settlement while protecting the family farm, our expert team are here to help you.