Our specialist divorce lawyers can advise you on your options and help you reach a resolution or represent you in court proceedings to reach a financial settlement.
Farming And Divorce Legal Issues
Whilst farming is a business, it is also a way of life, often for generations. Farming-related divorce can throw up legal issues, such as:
- Parenting arrangements for the children as the children may want to live with one parent but be torn as they also want to stay on the farm. There can also be contact pressures because of the difficulties of finding affordable rural housing close to the farm that will enable flexible shared parenting given farming commitments and distances to schools.
- Ownership of the farm as it may be co-owned by the couple, or a parent may own a share in the farm or have gifted the farm to their child when the child gets married. Often, if a family has been farming in one place for generations, a spouse is unwilling to contemplate a move, but their partner and their children will need a house to live in after the separation or divorce.
- Employment considerations if both husband and wife are employed at the farm. In addition to family law claims, a spouse may have an employment law claim if they are dismissed from their employment because of the separation.
- Business and tax law-related issues if a husband and wife are partners or company directors in a farming business. If one spouse agrees to leave the business, you need to resolve how the remaining husband or wife can raise cash to buy the other spouse out.
- Farm valuations as an accountant may be needed to value the farm as an operating business. If there is potential for the agricultural land to get planning permission for residential development, then hope value may need to be factored in.
- Pension issues if a couple has tied in their pension to the farm. For example, with a SIPP where the pension owns some of the agricultural lands.
- The relevance of a prenuptial agreement where a farm is ringfenced from the divorce financial settlement as it was owned by a spouse before the marriage but both husband and wife need to rehouse themselves so they can both provide accommodation for their children
Specialist Farming Related Divorce Legal Advice, Scotland
As experienced Solicitors in farm-related divorce legal advice, our family lawyers believe in plain talking so you understand your options and can work with us to achieve a solution. Where possible, we will try to avoid court proceedings by helping you reach a resolution through solicitor negotiations or collaborative law. If that is not possible, we are specialists in all the farm-related legal issues that need sorting out if you either own your farm or rent it on an agricultural tenancy or if you have married into a multi-generational farming family.
For immediate assistance, please either call us on 0141 478 9090 for our Glasgow and Stepps offices, 01224 002 556 for our Aberdeen office or Click here to make a free online enquiry.
Providing specialist international family law advice
International divorce is on the rise. Increasing numbers are marrying spouses from overseas or acquiring international links because they work abroad or own a home overseas.
Whether you are from Scotland, based in Scotland, or you and your family live overseas but have links to Scotland, our expert international divorce lawyers can advise you on divorce and family law jurisdiction and the legal concepts of domicile and habitual residence.