Blanchards Bailey

Freedom to move forward

While any separation is difficult, farming divorces can present unique challenges due to the intricate nature of agricultural assets and the emotional complexities involved. A farming business may have been in the family for generations, with parents, siblings and children all being involved in the farming enterprise.

This complex ownership, often involving family trusts, means that dividing up assets on divorce can be extremely challenging. At Blanchards Bailey, we understand the intricacies of this niche area of law and have honed our skills to provide you with tailored solutions that safeguard your interests as a farming family.

The financial aspects of separation, divorce or dissolution are dealt with separately to the divorce or dissolution process. There’s no formula as to how the finances should be divided – in fact, the discretion given to the Court is very wide.

Farms are generally inherited assets. This makes them, in principle, ‘non-matrimonial assets’ – with an expectation that the farming business will be handed on to future generations.

However, with home and work being so interrelated and where spouses are often partners or otherwise involved in the farming business, it throws into question how ‘non-matrimonial’ the farm can be.

With challenging income streams, farming businesses have also had to be innovative and diversify. This often creates complex ownership of land and business structures. For example, there may be different forms of occupation of land including Farm Business tenancies (FBTs), Agricultural Holding Act tenancies (AHA tenancies), share farming and contract farming. Consideration needs to be given to these business interests and their effect on the value of land and assets.

The courts have the difficult task of balancing the prospect of separating one household into two, satisfying the changing needs of the family and any children whilst preserving the substance of the family farming business. Farming divorces need special care and an experienced legal advisor is essential.

As every case is unique, yours will be determined on its own facts and merits – and we’re here to ensure that your interests are protected at every step. That's why our team takes a personalised approach, tailoring our strategies to fit your unique needs and circumstances.

How we help

At Blanchards Bailey, we combine skills and expertise from various departments and work collaboratively together to ensure best advice for our agricultural clients.

The first step is to have a clear understanding of all assets, pensions and incomes. We leave no stone unturned in identifying and valuing marital assets, including land, property, savings, investments, pensions, business interests and trusts to ensure a fair division of wealth.

While we are able to represent clients within settlement discussions and negotiations both inside and outside the Court process, Court proceedings can increase conflict and acrimony and should be seen as a last resort.

We aim to facilitate an agreement or settlement and use alternative dispute resolution processes, if they give you a better chance of reaching a fair outcome.

Contact us today to learn more about how we can support you with your financial settlement.

So, how can we help?

Whatever your requirements, our team is standing by.

Blanchards Bailey

Meet our Agricultural Finances experts

Blanchards Bailey

So, how can we help?

Whatever your requirements, our team is standing by.

Call us today on
01258 459361