‘A Practical Guide to Divorce and Farming in Scotland’ by Lucia Clark
Publication due: January 2022
This book covers the particular legal and practical problems arising from farming divorce in Scotland. It considers why farming divorce is so complex, focussing on the tricky issues of whether the farm business and the farm land fall within the definition of “matrimonial property” or not. Given that the business is very often set up by way of partnership, the book goes through the Scottish case law featuring farming partnerships on divorce. The book additionally examines 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 what information is needed to prepare a farming divorce case, in terms of documents, input from accountants and other experts, and valuations. 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 on a future separation.
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