Avoiding the divorce court for farming families

It is a new year, so off with the old and on with the new. Sadly, this also sometimes includes spouses, with divorce lawyers seeing a spike in divorce enquiries in January as the stress of the festive season takes its toll.

Divorce for farming families can be particularly complicated, given that farms are often asset rich but cash poor, and their ownership split between the extended family. This sometimes makes it difficult to achieve a fair division of assets between the separating couple, while still ensuring the survival of the farming business.

With complexity comes extra cost, especially if all the details have to be thrashed out in court. Robert Bellhouse, family law specialist at Ware & Kay Solicitors in York & Wetherby explains how a fair settlement can be achieved for both parties, while keeping costs to a minimum.

One way to curb arguments over the division of assets is with a prenuptial or postnuptial agreement. These are legal agreements where both parties agree how assets should be divided in the event of a split.

A prenuptial agreement is made before a marriage is entered into, while a post-nuptial agreement can be drawn up when a couple is already married. They can provide certainty and security for separating couples and help ensure the continuation of the farming business, while making sure that each partner is adequately provided for financially; for example, by one party agreeing to pay the financial settlement off over a number of years.

Courts will decide whether a nuptial agreement should be upheld on a case-by-case basis, but the presumption is now that an agreement should be allowed to stand unless the court is persuaded otherwise.

Those embarking on divorce proceedings should bear in mind that heading straight for court is often not the best option, given how expensive and time-consuming the court process can be. It is usually better to try and iron out any disputes between yourselves beforehand and to only head to court to have the agreed upon settlement rubber-stamped.

Alternative dispute resolution methods such as negotiation, mediation or collaborative law all provide excellent ways to help you achieve this.

A family lawyer with a good knowledge of divorce in farming families can be invaluable in negotiating with your spouse and their legal team to hammer out the best possible settlement for you and your children without you having to be personally involved in the process.

An independent trained mediator will sit down with you and your partner and talk through the issues with you, without taking sides, to help you reach an agreement.

Or, if you prefer to have legal advice on hand, collaborative law allows you to sit down with your spouse to thrash out your issues with separate collaborative lawyers accompanying both parties.

For more information on divorce for farming families, or any other enquiries regarding family law, please contact Robert Bellhouse on York 01904 716000, Wetherby 01937 583210 or Malton 01653 692247 or email robert.bellhouse@warekay.co.uk to see how we can assist.