Debunking divorce myths: Separating fact from fiction in farming families

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Despite being a family law practitioner for the best part of 14 years, writes James Marden of Wilkin Chapman Solicitors, it continues to amaze me how many myths and misconceptions surround the question of divorce and, by extension, the division of assets on divorce.

As such, let’s look at three of the most common misconceptions that I still have to set straight on a regular basis, particularly in the context of a farming divorce. There is currently no such thing as a ‘quickie divorce’. Whilst you can get married in a matter of minutes, it can take many months to dissolve a marriage. This myth has perhaps become most prevalent since the introduction of the ‘no-fault’ divorce.

Clients will often indicate to me that they are entitled to retain those assets that they brought into the marriage – whether that is a parcel of land, a shareholding in a limited company, or a herd of cattle. Whilst such arguments can be sound and will often give rise to an assessment of those assets that are ‘matrimonial’ and those that are ‘non-matrimonial’, it does not automatically follow that rule.

 

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