A divorce can have a disastrous effect on a farming business which, usually, are much more difficult to deal with than other businesses. Our highly skilled, experienced lawyers have in-depth knowledge and expertise in dealing with farming partnerships and divorces and can help you to protect and preserve your farming business during this difficult time.
A farm may have been held for generations in diverse forms of ownership such as a will trust, a limited company or a family partnership. Our team at Oglethorpe Sturton & Gillibrand understand these complex structures and the farming community and it is our job to work out how both spouses, and the children, can be provided for upon separation without unnecessarily forcing a sale of the assets and ensuring successions and inheritances are safeguarded.
Divorce with Dignity
Court is not the only option. Our Head of Department, Emma Briggs, is a fully trained Collaborative Lawyer. As opposed to the traditional approach to a divorce, the collaborative approach involves face to face contact where you would both, together with your collaborative solicitor, sit around the table to try to reach an agreement. There is an absolute commitment from all parties, including solicitors, not to issue proceedings at Court. The process is completely open and non-confrontational and all advice is shared with all parties with a view to achieving an amicable settlement. The approach is widely considered the best forum in which to safeguard the future of a working family farm. You can find more information with regard to the collaborative approach on the Resolution website at www.resolution.org.uk and also the website for the local collaborative lawyers www.lancslakescollab.co.uk.
For expert advice contact a member of our Family Department on 01524 846 846. We offer an initial consultation at a fixed fee of £200 inc. VAT. This includes a full 1 hour consultation with one of our experts followed by a detailed letter of advice tailored to your individual circumstances.
Consider making a Will
Whilst you remain married to your spouse, they will be your first beneficiary in the event of your death pending a Decree Absolute of Divorce. The Decree Absolute will prevent either of you from benefiting from the other’s estate. Until there is a Court Order in place dismissing all financial claims that you have against each other, it is still open to either of you to bring a claim against the other’s estate for financial support in the event of death. Contact a member of our Private Client team if you wish to make a holding Will.