Considering the impact of separation and divorce by Juliet Walker our York based senior solicitor.

The complexity of farming divorces can make them amongst the most difficult to resolve without expert representation. The impact of a divorce or separation for couples involved in, or dependent upon, a farming business can be potentially lifechanging, not just for the separating couple but other family members in partnership or working in the businesses.

How are farms treated in divorces or separations?

We are specifically aware of the difficulties facing modern farming practice and business changes including diversification and dealing with tax relief.  Liquidity is a common issue in farming cases.

Despite farming assets being distinctive from the normal divorce, the principles the court will apply are still the same. These come from Section 25 of the Matrimonial Causes Act 1973. This is where we advise you on your particular circumstances. 

By getting advice early you can ensure you do everything legally possible to try and preserve your farm, allow it to continue to operate and generate income as well as keep it to pass on to future generations. 

Planning Ahead

For unmarried couples, we recommend consideration of cohabitation agreement .  A cohabitation agreement is a written contract between two people living together but not married.  It outlines each partner’s rights and responsibilities in relation to their shared life together including financial matters, property ownership and what happens in the event of separation.

One of the key benefits of having a cohabitation agreement is that it provides certainty in financial protection, estate planning and inheritance should there be a separation within the family. 

For married couples, it is also important to consider a pre-nuptial agreement setting out what the division of property will be should the marriage breakdown. 

We understand that a farm is not just a property or an asset, it is also a business, a family home and for many people their identity and future. Alongside family advice our solicitors can help you to plan ahead with tailored Wills , Trusts , Succession Planning and Property matters that take into account the unique position of farming families.

What to do if a marriage or relationship breaks down

If you or a family member is faced with a claim against the farm, which can include other family members divorces where you farm together, our experts can shape the right outcome for you. We can help whether your farm is a partnership, a limited company or other business structure.

We regularly advise farmers due to our decades of expertise in the rural sector. We can support you whether you’re facing a divorce yourself or helping when you’re associated with the family matter by relationship. For example, assisting you being an Intervenor in a divorce case to protect your interests in the farming business. 

We will review and explain your legal position in clear terms. We will start negotiations, explore resolution through different means other than court, make and defend any such court claims through to Settlement and Resolution.

When facing a divorce or a separation within a farming enterprise our expertise is particularly welcome where there is complexity in terms of ownership, responsibility, family partnerships and extended family. A farm may support multiple members of the family financially now and into future generations. 

With regard to businesses, the businesses may need to be valued. The family farm is considered like any other asset with divorce cases, but the nature of the assets and the family involvement can make it particularly complex. These include: -

• Third parties/intervenors - where the family farm may be run by different family members and where divorce impacts upon the farm, do other members need to protect their interest?
• Lifestyle businesses.
• Ownership - is the farm held on Trust, Tenancies or is there a corporate structure?
• Inheritance - has the farm been inherited or passed down through the family generations?
• Tax – specific taxation advice will be required.

Whilst it is crucial to put a plan in place in advance such as making written agreements in the form of pre-nuptial agreements or cohabitation agreements, setting up your business with preparation is equally important. If you are facing a divorce without having put in place planning, here at Switalskis we can assure you of a bespoke tailored service which understands your business and your concerns for the future. 

How Switalskis can help

Switalskis have a strong history of supporting the rural sector we understand the unique challenges faced by farming families and farm businesses. 

We have broad experience of representing rural communities and businesses across the country, from Cumbria through the whole of Yorkshire, Lincolnshire and Norfolk.

Here we have brought together legal experts from our private client, family and property teams to highlight the areas where we can provide key support to our clients in 2026 and beyond with targeted and expert advice to help you protect you and your family’s interests now and in the future. We also have access to supporting services available for financial advice, land valuers and farm asset valuation, company valuation and liquidity reports and specialised agricultural accountants.

Contact our specialist family solicitors today by calling 0800 1380458 or fill out the form below.