Farming and Divorce

We have considerable experience of farming divorces and the difficulties these cases can present. Farming divorces are unique, fact specific and often involve highly charged emotions. It is essential that the correct strategy is adopted from the outset and that is what our team prides itself on getting absolutely right.

At the very beginning of a case involving a farming family, we visit our client and the farm to experience the situation on the ground and how it works. It is crucial that we can visualise the partnership or business structure, the particular features of the farm and the involvement of other family members. It also gives our client the confidence that we understand what is at stake.

We are experts in recognising and navigating the particular issues which effect farming cases such as:

• low liquidity;
• the implications of a sale;
• a volatile trading climate;
• wider family ownership;
• trust arrangements;
• inheritance and succession planning; 
• complex valuation exercises; and
• development potential and ‘matrimonial’ and ‘non-matrimonial’ assets.

Over the years, a large number of “farming” divorce cases have been decided in the High Court in London. Inevitably, a small number of London law firms and their family law practices (of which we are one) have gained the ability, knowledge and understanding of the way in which these disputes play out and are contested.  Our team therefore has extensive litigation experience, contacts and the all-important instinct which  makes us uniquely placed to recognise and understand the issues and strategy required to defend and contest these cases.

Our team has forged strong relationships with a diverse range of expert professionals (such as valuers of agricultural property, farmland, livestock, deadstock, accountants who specialise in agricultural business valuations and tax and experts advising on trusts, tenancies and planning) both in the UK and abroad, with the objective of working together with our clients to provide knowledge and advice. We provide you with a full and well-rounded service, not just legal and tactical guidance.

We also understand the importance of protecting a farming business from the consequences of a potential future divorce and we regularly advise on pre and post nuptial agreements involving farming assets.  We understand the sensitivity and lack of romance in contemplating a marriage breakdown before (or shortly after) your wedding but planning ahead is essential for every farming family; it could mean the difference between the business being sold or continuing for the benefit of future generations.  

Our experience

Some examples of our team's experience in farming cases include:

• Obtaining a multimillion pound settlement in the High Court for a wife and partner in an immensely successful fruit farming business -we put forward carefully constructed, complex arguments surrounding the mingling of non-matrimonial property and the subsequent sharing of that property regardless of its origin, and achieved an enormously positive outcome for our client
   
• Representing a husband and farmer of a sixth generation farming business - successfully achieving a clean break settlement on terms which entirely protected the farming enterprise and enabled it to be preserved for our client and for the children of the family.
   
• Acting for a former jockey in financial proceedings involving a successful stud farm - our specialist knowledge of and strong contacts within the equestrian field enabled us to get to the crux of the issues quickly and identify expert valuers and accountants.  We understood the financial reality of the business and the family dynamic which, when presented in the financial disclosure process, assisted the parties to reach an early settlement.
   
• Advising upon and drafting a high net worth pre nuptial agreement involving a second marriage for both parties - the aim was to protect the significant farming interests on behalf of our client and the children of his first marriage and this involved identifying and valuing the business structure to ring-fence and protect it, as far as possible, against division upon a future divorce.
   
• Acting for a third generation hop farmer in one of the last great hop farms in England - successfully achieving an outcome that preserved the farm for future generations of the family.
   
• A claim following a short marriage - successfully defending against the very significant development value of an equestrian centre following a change in the local plan.
   
• Representing the owners of two significant dairy and beef farms - one involving complex family trust arrangements and the other focussed on the decline in milk prices and plans to diversify and the pressure to sell and realise development value.
   
• Representing a wife seeking to share in the value of an African game park.

If you require further information or advice from our team of specialist family lawyers relating to farming and divorce, please contact a member of our team or call us on +44 (0)20 7814 1200.