New book brings clarity to farming divorce

Lucia Clark

A Practical Guide to Divorce and Farming in Scotland set to fill a void for lawyers and advisors handling its complexities

A first-of-its-kind book has been published this week in a bid to make divorces for farmers less complicated.

Lucia Clark, partner in Morton Fraser’s family law team, has penned A Practical Guide to Divorce and Farming in Scotland, published by Law Brief Publishing.

Divorce is always a fraught part of life, but for farmers the process tends to be even more complex. For example, while land is a substantial asset for farmers – with 80% of Scotland’s land mass under agricultural production – if all the family wealth is tied up in land, that can cause real difficulties for funding settlement as farming families often do not wish to sell the land.

The farm business is also a big consideration for couples who are divorcing, with Scotland’s farmers, crofters and growers producing an output worth around £2.9 billion a year.

This new guide is set to fill a void for Scottish family law practitioners working on farming divorces by providing a clear and detailed interpretation of the law, while also supporting farming advisors and accountants who may be supporting clients with divorce or who seek to protect clients for the future. 

Topics covered in A Practical Guide to Divorce and Farming in Scotland include issues arising from inherited or gifted land, whether the farm business and the farmland fall within the definition of ‘matrimonial property’, possible preventative steps such as pre-nuptial agreements and the impact of inter-generational dynamics on farming divorce.

Lucia Clark, author of A Practical Guide to Divorce and Farming in Scotland, said: “Having spent years working with farmers and guiding them through divorce, I have seen first-hand how tricky matters can be. For various reasons, arguments for unequal sharing often arise in farming divorce cases and this book should help those navigating a divorce understand the different approaches and innovative arguments that can be made in these scenarios.

“My hope is that this book will provide some clarity during the process, and that it will also equip professionals to help farmers plan in advance so they can avoid common pitfalls should relationships break down.”

A Practical Guide to Divorce and Farming in Scotland is available to buy here. Use code 3F2NDW6 for 10% off!

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