"It's been in the family for years" is no argument

05 July 2010



The argument put forward by a farmer that he should retain the family farm after his divorce, because it had been in his family for generations and his wife was aware that it was the family tradition for it to be handed down from generation to generation, was given short shrift in the family court recently.

The farmer had wanted the value of the farm to be 'ring-fenced' and left out of the calculations for dividing the couple's assets on divorce. However, the judge ruled that there was no legal authority for a division of assets on that basis.

The farmer's ex-wife was awarded the family home, a lump sum of £1.5 million and annual maintenance payments of £44,000.

Petrova Caldecourt, associate in the family and matrimonial law team, says, "When a marriage or civil partnership breaks down, the resources of the marriage will be considered, irrespective of the original source. What weight is given to these resources will depend on the parties needs and meeting those.

"The resolution of financial matters on divorce can lead to long and bitter negotiations in some cases. We can help you ensure that you achieve an equitable settlement if your marriage or civil partnership breaks down. "

If you would like to speak to one of B P Collins' experts in family law, please call 01753 279045, complete the online enquiry form or email familylaw@bpcollins.co.uk