Court is not the only option – Alternative dispute resolution (ADR), such as mediation, collaboration and arbitration, and a determination to keep things amicable will assist in achieving agreement speedily and economically. The court process tends to take longer, cost more and be more public.
While there is no “typical” farming divorce, most settle within a year. An uncontested divorce can be settled in six months. while a complex, contested divorce can easily take 18 months to two years.
The assets and resources enjoyed directly by a couple and used by their family may not be owned by them personally. A farm may have been held for generations and in diverse forms of ownership. For example, the assets and business may be held through a limited company with numerous shareholders (often other family members), or through a will trust or family partnership.
In non-farming cases, it is typically easier to establish which spouse owns what – the challenge for the farming divorce lawyer lies in working out how both spouses and the children can be provided for upon separation without forcing a sale of any of the assets.
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