As a leading regional law firm with a strong history of supporting the rural sector we understand the unique challenges faced by farming families and farm businesses.

We have a 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 2025 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 as well as specialised agricultural accountants.

Issues we can cover with other departments:

• Property
• Inheritance
• Tax
• CGT
• Protecting the legacy
• Succession planning
• Diversification
• Wills & trusts

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 on divorce or separation of a couple involved in or dependent upon a farming business can be potentially lifechanging, not just for those directly involved but other family members in partnership or otherwise working the businesses.

Planning Ahead

We recommend consideration of cohabitation agreements for unmarried couples. 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 providing certainty in financial protection, estate planning and inheritance should there be a separation within the family unit. It is also important to consider a pre-nuptial agreement setting out what the division of property will be should the unfortunate happen and the marriage leads to divorce. 

We understand the farm is not just a property or an asset, it is a business, a family home and for many people their identity and future.

Our solicitors can help you by planning ahead with Wills, Trusts, Succession Planning and Property matters.

Where a relationship breaks down

If you or a family member is faced with a claim against the farm and this can include other family members divorces where you farm together whether in a partnership, a limited company or otherwise, our experts at Switalskis can shape the right outcome for you.

We are regularly instructed due to our expertise in the rural sector whether by those facing a divorce or helping those associated by relationships such as assisting you being an intervenor in a divorce case to protect your interests in the farming business.

Some of the issues we help with, include:

• Who owns what - navigating family farm disputes over land ownership
• Outdated or ambiguous wills
• Ownership spread amongst multiple family members

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.

Where business is involved

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.

In some circumstances part of the farm or all of it is leased or rented and used for the business’ purposes. 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.

How are farms treated?

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 come in to 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. 

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 important through financial planning, independent financial advice, taxation advice and experienced accountants. 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.