A Practical Guide to Divorce and Farming in Scotland

This book covers the particular legal and practical problems arising from farming divorce in Scotland. Topics covered include the tricky issues of whether the farm business and the farmland fall within the definition of “matrimonial property” or not; the nuances of partnership law and consideration of Scottish case law on farming partnerships; and the particular way in which arguments for unequal sharing often arise in farming cases, whether due to source of funds, economic disadvantage or lack of resources. Intended as a practical guide, there are suggestions for information gathering at the first meeting; instruction of specialist valuers; and a summary of unique assets to farm businesses. The book also considers the impact of inter-generational dynamics on farming divorce, and when preventative measures such as pre-nuptial or partnership agreements might be useful. The book is aimed primarily towards Scottish family law practitioners, but is also likely to be of interest to farming advisers and farm accountants, who either find themselves with divorcing clients or who wish to avoid pitfalls for their clients on a future separation. ABOUT THE AUTHOR Lucia Clark is a Partner in the Family Law team at Morton Fraser in Edinburgh. An accredited Scottish family law specialist and mediator, she has particular expertise in resolving complex financial disputes. She is frequently sought out in cases involving high-value assets such as businesses or farms, and in cases with an international aspect. Lucia has considerable experience and interest in the niche area of farming divorce, and frequently advises farmers or spouses on the particular issues faced by them on relationship breakdown. Consistently highly rated in the legal directories, she was described in Chambers 2020/2021 as “massively intelligent” and in Chambers 2021/22 as “down to earth and measured with clients”. CONTENTS Chapter One – Overview – What Makes a Farming Divorce Complex? Chapter Two – The First Meeting Chapter Three – The Farm Business – Partnerships Chapter Four – The Farm Business – Other Business Entities Chapter Five – The Farmland Chapter Six – Is the Farmland Within the Partnership? Chapter Seven – Interaction of Matrimonial and Partnership Law Chapter Eight – Other Farming Assets and Diversification Chapter Nine – Getting Valuations and Expert Advice Chapter Ten – Arguing Unequal Division Chapter Eleven – Arguing Lack of Resources Chapter Twelve – Dealing With the Farm Partnership Chapter Thirteen – Dealing With Family Dynamics Chapter Fourteen – Preventative Steps Chapter Fifteen – Tips for Farm Advisers