The most common question asked in a first consultation on a farm separation is also the hardest to answer briefly: the land came down from my father, so is it counted? The short answer is yes, it is counted; the longer answer is that its inherited character changes how the court is likely to deal with it.
A different category, not a different case
The ample resources case law has established that assets inherited by one spouse stand in a different category from wealth built up during the marriage. They remain resources for the purposes of section 20 of the Family Law (Divorce) Act 1996, and after a long marriage in which both spouses worked the holding, the distinction narrows. But where other assets can meet proper provision, courts have shown a consistent preference for structures that leave generational land intact.
What moves the needle
Three factual questions dominate: how long the marriage lasted, what the non-owning spouse contributed to the farm and family, and whether the inheritance was kept distinct or merged into the family finances. A spouse who reared the family, kept the books and fed the men at silage for twenty-five years is in a very different position from a spouse of five years who never engaged with the enterprise. Evidence of these contributions should be gathered deliberately, from accounts, herd records and correspondence, not merely asserted in an affidavit.
Structuring around the land
Where the court or a settlement seeks to avoid a sale, the toolkit includes staged lump sums funded by borrowing or the sale of an out-farm, transfer of the family home and a site, larger pension provision, and maintenance reflecting farm income. A farming client who arrives with a costed, credible proposal for provision generally fares better than one who simply resists every claim. The cases that end worst are those where the holding's fate is left entirely to a judge with no workable alternative before the court.
This article is general information, not legal advice. For the full practice area, see Farms and Land in Divorce, or contact the practice to discuss a matter in confidence.