Divorce and the family farm: what lessons can be learnt from The Archers

Those avid Archers followers amongst you will be aware of Alice and Chris’s increasingly acrimonious divorce.

For the rest of you, the storyline concerns Alice Carter (daughter of Brian Aldridge) who is a partner in her family’s farming business. Her husband Chris is the local farrier. One summer Chris and Alice went on holiday to Las Vegas announcing on their return that they had been married. Needless to say there was no Pre Nuptial or Post Nuptial Agreement and the farming business is now under a threat.

The starting point in English law is an equal division of the matrimonial pot but a Court will take many considerations into account in deciding what a fair settlement would look like. Courts may be reluctant to order the forced sale of assets which threaten the future viability of a farming business but they may be left with no choice if a fair financial settlement is to be achieved.

The best way to ensure that family business assets are protected in the event of a divorce is to enter into a pre-nuptial agreement which ring-fences the shares and provides alternative ways of meeting the other party’s needs. If this has not been done couples can consider making a postnuptial agreement which can be drawn up when a couple is already married. These agreements can provide certainty for separating couples and help ensure the continuation of the farming business, while making sure each partner is adequately provided for.

Divorcing or separating couples are increasingly turning to collaborative lawyers as a means of separating with dignity. The collaborative approach emphasises reaching agreement in private without going to court. It still remains to be seen how the divorce between Alice and Chris will proceed but it is to be hoped that it will be resolved amicably avoiding the need for an acrimonious battle in court and protecting the family farm.

If you require any help or advice please contact Robert Bellhouse call York 01904 761000, Wetherby 01937 583210 or Malton 01653 692247 or email robert.bellhouse@warekay.co.uk.