Divorce & the Family Farm: Valuing & dividing your most important asset
13th Jun 2025
Author: Alex Williams
When a marriage breaks down, dividing assets can be one of the most difficult aspects – especially when a family farm is involved. For many farming families, the farm is more than just a business; it’s a home, heritage and livelihood all in one. This can make reaching a fair settlement complex and emotional.
A key step is understanding the farm’s value. This will require a professional valuation, covering the land, buildings, equipment, livestock and any entitlements or diversification income. Debts and mortgages also need to be factored in.
Whether the farm is considered a ‘marital asset’ will depend on factors such as whether it was inherited or brought into the marriage by one spouse, or if it was jointly developed. Even if one spouse owns the farm outright, if both have worked on it, invested in it, or relied on its income, it is likely to be part of the financial settlement. The court also has powers to divide non-matrimonial assets if needed to meet both parties’ needs.
If the farm is owned by a family partnership, this adds further complexity. The spouse’s share will need valuing, but the court will also consider the rights and interests of other partners.
Dividing the farm itself is rarely practical, as splitting the land can threaten the business’s viability. Options might include one spouse keeping the farm and buying out the other’s share, or offsetting its value against savings, pensions or other assets.
Every farm and every family is different, and therefore it is important to get advice early from a Solicitor who understands both farming and family law. That way, you can work towards a fair settlement that protects your future and the future of the farm.
How can Butcher & Barlow assist
At Butcher & Barlow, our Agricultural, Business & Family Law experts can help protect both your home and your livelihood—so you can focus on farming, not fighting legal battles.
The information in this article was correct at the time of publication. The information is for general guidance only. Laws and regulations may change, and the applicability of legal principles can vary based on individual circumstances. Therefore, this content should not be construed as legal advice. We recommend that you consult with a qualified legal professional to obtain advice tailored to your specific situation. For personalised guidance, please contact us directly.
This blog was first published in the April 25 edition of The Farmart magazine.