Preserving the golden goose, after divorce for a farming couple

The problems in obtaining seasonal labour for British farms hit the headlines with threats of turkey shortages last year, but such pressures can continue well into the New Year sometimes straining marriages to breaking point. January is usually a busy month for divorce lawyers, as couples finally decide that their marriage has broken down irretrievably. While divorce is never easy, with spouses having to agree how to split their assets and make arrangements for children, it can be particularly complex where agricultural assets are concerned. Robert Bellhouse family law specialist at Ware & Kay Solicitors in York & Wetherby explains how it is important to try to preserve the golden goose, by enabling the farm to continue to generate income to support the whole family where possible. He outlines a few of the key considerations for…

What to expect at a financial dispute resolution (FDR) hearing

If you are applying for a financial order as part of your divorce then the court will list your case in for a financial dispute resolution hearing, often called an FDR hearing. This is a private court hearing and is aimed at trying to assist parties in settling any dispute over finances.  ‘The judge does not make a final decision, but instead tries to encourage the couple to reach an agreement.  It provides an opportunity for everyone to gather in court to discuss all the financial issues and to seek the guidance from an experienced judge on the legal position.  Most disputes can be resolved at this stage, without the need for a final hearing,’ says Robert Bellhouse family law expert at Ware & Kay in York & Wetherby. How to prepare for a financial dispute…

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…

Financial arrangements after dissolution of a civil partnership

According to the Office for National Statistics, since the introduction of civil partnerships in 2005, over 65,000 couples have formalised their relationship in this way and been afforded similar legal rights to those of married couples, including when it comes to separating. Since 2015, each year has seen over 1,200 couples dissolving their civil partnership and having to sort out their finances as they seek to start a new life. Robert Bellhouse a family lawyer with Ware & Kay in York & Wetherby explains that ‘While some of the formalities are different, when it comes to dealing with financial disputes arising from the dissolution of a civil partnership the same principals apply as would on divorce’. Full and frank disclosure Before you can be advised on how your assets are likely to be divided, it is…

Can I change the locks on my house after separation?

If you and your partner have separated, you will be keen to start your life afresh and may wondering whether you can change the locks on your house. This may be particularly appealing if the relationship breakdown has been acrimonious and you have concerns that your former partner will turn up unannounced, remove belongings while you are out, or cause a nuisance. You may even have concerns for your safety. ‘While it can be unsettling, it is important that you do not change the locks without seeking legal advice’ explains Robert Bellhouse, family law expert with Ware & Kay in York & Wetherby ‘as the legal position varies depending on your circumstances’.  For married couples If you are married, then the starting point is that your spouse has a legal right to enter their matrimonial home…

Implacably hostile over child arrangements – could this be you?

If you cannot reach an agreement with your former partner about arrangements for your children, one of you may apply to the family court for an independent decision.  The courts have a wide range of powers in deciding where a child should live and how often they should see each of their parents.  In most cases, a court will want to preserve a relationship between a child and both of their parents, even if it recognises that one parent’s behaviour is far from ideal.  ‘Understandably this can sometimes be difficult to accept, especially if your relationship with your partner has disintegrated and you have serious concerns about your child’s safety,’ says Robert Bellhouse family law expert at Ware & Kay in York & Wetherby. ‘However, if you fail to follow the orders of the court or…

Why married farmers should consider legal protection

The current economic climate, as a result of the pandemic, has put farming families under increased pressure and pushed many to breaking point and even divorce. Divorce is never easy, but for farming families it can be particularly traumatic and complex – particularly when it comes down to the division of assets required by law when a marriage breaks down. Robert Bellhouse, family law specialist at Ware & Kay Solicitors in York & Wetherby, advises farmers about the legal protections they can put in place to ensure the survival of the farming business in the event of a divorce. ‘As the farm is usually the main source of income for the family, changes in your personal relationship may also dramatically affect your working relationships and the future of your livelihood,’ he explains. Under section 25 of…

Back to School: how estranged parents can help their children

While it is not always easy for a couple who have separated to agree arrangements for their children, it can be even more of a challenge for farming families especially at this time of day.  Early starts for milking, and the long hours required at harvest can add to the stress, especially if a family cannot enlist the help of grandparents for school runs, after-school clubs, and wraparound care. The Covid-19 pandemic has been hard on children as they were repeatedly parted from their friends and their studies for extended periods, due to numerous lockdowns and self-isolation rules. No sooner were they back into a reassuring routine at school, albeit a routine featuring face coverings, social distancing and class bubbles, the summer holidays kicked in, again spelling separation from friends and a break from the reassuring…

The implications of alcohol misuse and family arrangements

While many adults drink alcohol responsibly, unfortunately there is a significant percentage of the adult population in England that misuse alcohol.  Government statistics for 2020 show that over half a million adults in England were admitted to hospital, primarily due to excessive alcohol consumption.  When misuse of alcohol is a factor in family breakdown, it can be a particular concern when there are children and arrangements need to be agreed for residence and contact. It is not uncommon that someone with an alcohol problem denies any problem exists, especially if they fear they may not get to see their children.  Meanwhile, the other parent will be concerned and fret over the safety of their children in their former partner’s care.  ‘The issue of concern for any court looking at arrangements for children is not so much…

Does bad behaviour affect the financial settlement in a divorce?

Within a marriage or civil partnership, the concept of bad behaviour can cover a multitude of activities, from leaving the top off the toothpaste to serious or criminal activities.  One option when applying for a divorce is to claim that your relationship has broken down irretrievably. One way of proving this is to show that your partner has behaved ‘unreasonably’. Following the case of Owens v Owens, unreasonable behaviour must be more than the run-of-the-mill type of annoyances to be expected in a long marriage. You must show that the behaviour was such that it would be unreasonable to expect you to stay with your spouse. If you succeed with an unreasonable behaviour divorce it is normal that the courts will order your spouse to pay for the legal costs. For many, allocation of the legal…