Category: Separation

Farming businesses are often a family affair that span generations; fathers, mothers, brothers, sisters, may all have a share in the land and the business. These complex ownerships can pose issues in several areas but nowhere more so than in the breakdown of a relationship or divorce.

David Milburn, our expert in family farm divorce cases at our Harrogate office joins us with his top tips for farmers facing a divorce.

What makes farming divorce cases complicated?

There is no particular difference in how a farm is dealt with by law in a divorce. The difficulty is that they are often a lot more complicated due to several key issues that can affect how the matrimonial assets are worked out and divided:

• Liquidity: often assets held within a farm are tied up and not easily realisable.
• Farming families can be capital rich but income poor.
• Inherited assets/generational farms for example, if the farm has been handed down through the generations and is to be preserved for the next.
• Any impact upon third parties, for example, parents, sisters and brothers who may live on or be involved in the ownership or running of the farm.
• A reliance upon farm subsidies that affect the revenue of the farm.
• The existence of family farm trusts and/or complex ownership structures.
• Tax, such as capital gains tax and/or inheritance tax.

With such complicated assets and structures, it is crucial to instruct a solicitor that is a specialist in dealing with farming divorces and who has a good understanding of agriculture and how farms work.

What factors are considered in the divorce?

One of the biggest questions running through these types of cases is “what the parties’ needs are and how can they be met?”

The starting point is to define the assets and then look at how to share those assets built up during the marriage.  The Courts ultimately have a wide discretion in order to achieve fairness. Fair, however, does not necessarily mean equal and farming cases do merit special consideration including:

Inherited assets are often treated differently and are not subject to the sharing principle in the same way.

A farm owned by the wider family, with siblings and/or parents, will require careful thought as Courts are reluctant to damage the livelihoods of other third parties.

If there are enough liquid assets to go around, the Court can depart from equality in order to protect any inherited element.

How to protect your farm

If you are not married, consider a prenup agreement to evidence what is intended from a financial point of view if the marriage ends. This will save time, stress and money in the future. It is also possible to put assets in trust for future generations.

Expert in farming divorce cases. 

Based in Harrogate, I am an expert in farming divorce cases and have acted in a number of high-value cases in North Yorkshire and beyond with a successful track record for clients, both litigated and negotiated.

I understand the unique difficulties farming cases bring and work in partnership with third parties including land and agricultural valuers’ and our expert in-house accountancy team to get the right team and strategy in place.

You contact me by email here.

The post Divorce on the farm appeared first on Stowe Family Law.

Whether it is your first Mother’s Day as a single parent or your tenth, this ‘family’ day can present certain challenges during or post-divorce/separation.

One of the key challenges is if Mother’s Day is not on your weekend with the kids. In this situation, who the kids spend the day with very much depends on how amicable you are.

Hopefully, in most cases, flexibility and respect will be in place and the kids will spend the day with their Mum. However, we know this is not always the case and you may spend the day without the kids, something that will be emotionally distressing for all.

If Mother’s Day is not on your weekend, then some pre-planning will help. Perhaps talk to your ex-partner months in advance to see if weekends/days can be swapped so you can be together. And ensure that you do the same for Father’s Day.

Perhaps you could detail how you will deal with ‘family’ days in your parenting plan and ensure that the same rules apply to family times throughout the year.

Not with the kids

Handling the emotional fallout of a Mother’s Day without your children is going to be difficult. Of course, you would prefer to be with your children, but if you cannot, then there some things you can put in place to help you deal with it as best you can.

Have your own Mother’s Day

Why does Mother’s Day have to be dictated to us? The answer, it doesn’t! So, take control of the situation and organise your own special Mother’s Day for a Sunday when you do have the kids. Plan something for you all to do together and enjoy your own special day.

No cards and presents

If your children are pre-school age, a card and gift may not be on the table. Older children will usually make a homemade card at school and perhaps friends or family could step in, so you get a little something. However, why can you not buy your own gift? The kids could wrap it for you and at least you get what you want.

Do something different with your day

Take the opportunity to do something different with your time. Gather your friends for who Mother’s Day is difficult and arrange lunch/spa day etc. Or get out in the countryside, fresh air does wonders to lift your mood. If possible, spend time with your own Mum. It won’t be the best of days, but you can control it not being the worse.

Stay off social media

Take a digital detox for the day and do NOT go on social media. Seeing pictures of people with breakfast in bed, flowers and cards will make you feel worse. And, remember it is just a snapshot of the day – not the reality of the whole day. Even when I was in a relationship, I found social media tough as I compared my situation to the smiles on my news feed. And finally, please remember it is just one day and you are not alone.  Single parents, married mothers in lonely relationships and all those people who have lost their Mum will struggle. Instead, focus your attention and energy on having the best day possible and creating a special day for you and children later.

If you are struggling to deal with Mother’s Day after a divorce or separation, Relate has some useful tools and advice on its website.

The post Surviving Mother’s Day after divorce or separation appeared first on Stowe Family Law.

You have separated but are still living together when you arrive home and your key no longer fits… Your ex has changed the locks! So, what can you do?

Sarah Jane Lenihan from our London Victoria office joins us on the blog with advice on what you can do if you find yourself locked out.

The first step is to take legal advice to find out what your rights are however if you are just home from a long day at work or have been at the gym to avoid going home this may not be possible.

Below, I have provided a quick overview of the legal position and some practical advice to help you in this emergency.

Keep calm

The most important piece of advice is to keep calm. Easy for me to say, I hear you shout but getting angry/upset is only going to make the situation worse. If you can have a calm conversation and reach an agreement with your ex this is often the best solution.

Perhaps there is someone close to you both that you could speak to, to help mediate to find a temporary solution.

Is there a court order in place?

Have you been served with a court order preventing you from returning? If you have I advise asking a friend/family member or finding a B&B/hotel to stay the night so that you can obtain legal advice the following day.

If there is a court order instructing that you are forbidden from entering the property do not do this as you could get arrested. This applies even if you do not agree with what has been written about you in any court application or statement. If you have been served with such an order without any prior notice, then there will be a date for you to return to court to set out your position. You may have been given the opportunity to file a statement in advance and to apply to discharge the order before the next hearing, so take legal advice at your first opportunity. Ignoring the paperwork or court hearing may lead to an unfavourable order being made in your absence.

House in joint names

If there is no order in place, whether you can enter the property will depend on if you are a legal owner of the property i.e. the property is in your name/the joint names of you and your ex or the tenancy is in your name/both of your names.
If you are a legal owner or your name is on the tenancy you have the right to enter and a key should be provided. Legally you can use reasonable force to enter the property or obtain a locksmith of your own to assist you in entering the property.

However, be warned this may lead to a telephone call from your ex to the police. If you are unable to reach an agreement with your ex, I would advise contacting your local police station to see if they can assist you to avoid any disturbance of peace especially if this is out of business hours. Be wary that your ex may exaggerate or simply lie about what has been happening to get the police to intervene so behaving in an angry fashion will not help your cause.

House in a sole name

If the property is owned or rented in the sole name of your ex, then you may still have the right to occupy/enter the property despite the separation. However, this also means that if the property is in your name it may mean that you cannot exclude the person without their name on the property from entering.

If, however, the person who is not named as legal owner or tenant leaves the property you may be within your rights to then change the locks and they may need permission from you or the court to return.
As you can see there is no one answer fits all and it is important that you take professional legal advice whether you are planning to change the locks or find yourself locked out especially when children or a vulnerable person are involved. You could be heavily criticised, and it may have a negative impact on the overall outcome of your case.

Starting a separation in an aggressive manner can lead to protracted and costly proceedings that could have been avoided if your case was carefully considered from the start.
If you find yourself locked out or wish to change the locks, please do contact us for legal advice before you make any rash decisions at the details below.

The post Help, my ex has changed the locks. What can I do? appeared first on Stowe Family Law.