Divorce And The Farming Family
Published date | 09 November 2020 |
Subject Matter | Family and Matrimonial, Family Law, Divorce |
Law Firm | Butcher & Barlow |
Author | Mr Michael Bracegirdle and Kevan Hankison |
The old adage of farmers marry farmers rings true even in 2020 for many in the rural community, as the strong social scene of Young Farmers Clubs and other similar associations and events brings farming families together.
Sadly, for those involved in a family farming venture, when a marriage fails it may result in a bitter dispute, often drawing in the older generation who remain dependent on the farm's prosperity for their income, or even for their home.
A Case Study
Twenty years ago the case of White v White came before the most senior court in the country after a series of appeals. The Whites had been married for 30 years and had three children. Both parties came from farming backgrounds and had both injected capital into what had become a successful business, the joint assets being circa '4.5m. The court divided the assets 43% to Mrs White and 53% to Mr White and introduced as a starting point that "equality should only be departed from if and only to the extent that there is a good reason".
The concept and interpretation of matrimonial and non-matrimonial property is particularly important in farming divorce cases as frequently farms have been in families for many generations and are inherited (or gifted) through the family line. Mrs White did not gain a full half share because of this issue of inherited family...
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