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    April 5, 2020
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PROMOTION Who gets the farm? Divorce in farming families can be complex and acrimonious. Hannah Porter from The Family Law Company suggests how you can soften the process pring is usually a great really important to provide full and frank financial disclosure of allyour assets from the beginning - remember that the duty of disclosure is ongoing throughu y ase, everyone's needs, perhaps a payment time to live and work on a farm - but not so muach planto provide money, permission to remain in a farm property until the if your relationship is in chikdren reach adulthood or the sale of difficulty and you're facing a divorce. Isthere anything you can do to protect yoursell, your family and your farm? As specialists in divorce within farming a section of the farm that won't affect its viability. Avoid court if youu can Just because you're going through a divorce and have to separate your Minimising costs Take advice from your lawyer and open families we've put together some guidelines to help you understand how financial matters doesn't necessarily mean you have to go to court. Mediation spouse as soon as possible. Legal costs or arbitration allows you and your spouse to negotiate financial matters inaneutral setting, and the chance to reach a solution that works for you both. and disclose all the assets, you can keep upa constructive dialogue with your you can help yourself. are in farming divorces are high due to their complexity, but if you start talking early, get professionals imvolved quickly Who controls the assets? Determining who controls the assets Is veryimportant. Farming cases are complexwith different types of assets costs down, ensure a smoother process -and reduce your stress Get professional help Land and machinery may need to be business structures, trusts and often mulhiple generations of families living on the same farm. The court will not valued, and ifthere are businesses Early steps to consider owned by you as part of the farm, these and livelihoods so it's vital to know who will also need valuations. Accountants It's worth considering a pre-maptial or post uptial agreement to set out your intentions about how you wish your farm and assets to be divided should want to interfere in third party assets owns what. have an important role to play as there are likely to be tax consequences as a Communicate result of separating, selling or dividing assets to arrive at a divorce settlement. Start talking early to try to prevent things becoming acrimonious. Be open and honest about the farm assets and you divorce. Such agreements are considered highly persuasive by the courts, provided they have been entered into with full disclosure and proper legal advice. They are quite possibly Reaching a fair' settlement The court will look at the overall land so a compromise can be reached that meets everybody's needs. It is fairness of any settlement reached - but the best way of insuring against an a fair settlement does not necessarily mean each party getting one half of the assets. Courts are incredibly reluctant to make an order that prevents a farm operating viably and will not want to destroy the main source of income. Ir other members of the family live on the farmland, this too will influence acrimonious and expensive farming divorce. Family Laweo by Horinell Chanof 01392 421777 any decision. Usually a court will look enquiriesethefamilylawco.com Hannah Porter for the most practical solution to meet www.thefamilylawco.co.uk PROMOTION Who gets the farm? Divorce in farming families can be complex and acrimonious. Hannah Porter from The Family Law Company suggests how you can soften the process pring is usually a great really important to provide full and frank financial disclosure of allyour assets from the beginning - remember that the duty of disclosure is ongoing throughu y ase, everyone's needs, perhaps a payment time to live and work on a farm - but not so muach planto provide money, permission to remain in a farm property until the if your relationship is in chikdren reach adulthood or the sale of difficulty and you're facing a divorce. Isthere anything you can do to protect yoursell, your family and your farm? As specialists in divorce within farming a section of the farm that won't affect its viability. Avoid court if youu can Just because you're going through a divorce and have to separate your Minimising costs Take advice from your lawyer and open families we've put together some guidelines to help you understand how financial matters doesn't necessarily mean you have to go to court. Mediation spouse as soon as possible. Legal costs or arbitration allows you and your spouse to negotiate financial matters inaneutral setting, and the chance to reach a solution that works for you both. and disclose all the assets, you can keep upa constructive dialogue with your you can help yourself. are in farming divorces are high due to their complexity, but if you start talking early, get professionals imvolved quickly Who controls the assets? Determining who controls the assets Is veryimportant. Farming cases are complexwith different types of assets costs down, ensure a smoother process -and reduce your stress Get professional help Land and machinery may need to be business structures, trusts and often mulhiple generations of families living on the same farm. The court will not valued, and ifthere are businesses Early steps to consider owned by you as part of the farm, these and livelihoods so it's vital to know who will also need valuations. Accountants It's worth considering a pre-maptial or post uptial agreement to set out your intentions about how you wish your farm and assets to be divided should want to interfere in third party assets owns what. have an important role to play as there are likely to be tax consequences as a Communicate result of separating, selling or dividing assets to arrive at a divorce settlement. Start talking early to try to prevent things becoming acrimonious. Be open and honest about the farm assets and you divorce. Such agreements are considered highly persuasive by the courts, provided they have been entered into with full disclosure and proper legal advice. They are quite possibly Reaching a fair' settlement The court will look at the overall land so a compromise can be reached that meets everybody's needs. It is fairness of any settlement reached - but the best way of insuring against an a fair settlement does not necessarily mean each party getting one half of the assets. Courts are incredibly reluctant to make an order that prevents a farm operating viably and will not want to destroy the main source of income. Ir other members of the family live on the farmland, this too will influence acrimonious and expensive farming divorce. Family Laweo by Horinell Chanof 01392 421777 any decision. Usually a court will look enquiriesethefamilylawco.com Hannah Porter for the most practical solution to meet www.thefamilylawco.co.uk