Separating is a complicated and emotional experience for couples, with so many factors to consider. This is especially the case when a family business is involved.
When that business is in agriculture, run either by a sole farmer or as a family, there is added pressure around securing an outcome that enables the farm to survive and thrive whilst unfairness and resentment.
Earlier this year, Thrings Family Partner Kate Barber worked with a separating couple through the firm’s One Couple One Lawyer (OCOL) service to reach an amicable conclusion on a divorce settlement that involved their combined assets – including the family farm.
What is One Couple One Lawyer?
This approach to divorce and separation, as the name suggests, involves a single lawyer advising and assisting both sides to encourage collaboration with clear guidance to meet their individual needs at every stage of the process.
Whilst not necessarily suitable for all couples going through a separation, One Couple One Lawyer has proven to be to be a valuable alternative to traditional divorce, offering separating couples a range of benefits that promote a more positive and mindful transition – including more control over the outcome, keeping costs in check, promoting an amicable resolution through an efficient process and removing the need for public court hearings.
More on the benefits of the OCOL process can be found at our Q&A page.
One Couple One Lawyer in practice
Married for 12 years, the couple ran the Herefordshire farm in partnership, with the husband managing the day-to-day farming whilst the wife assisted in the administrative tasks and managing clients.
The business dealt solely with farming cider apples, supplying its harvest to a range of clients from smaller artisan breweries to major household names, with the farmer having worked on the land since he was 16 and run the farm for almost 30 years after taking it over from his father.
After deciding they would separate at the start of 2024; the couple had an initial discussion on how the assets would be divided and came to Thrings having been referred to the One Couple One Lawyer service.
The couple each had a one-on-one session with Kate to discuss their personal expectations for the outcome before meeting together through the remainder of the process. This was to ensure a cooperative and transparent atmosphere to reach a decision that would satisfy both parties – with the farmer ultimately retaining full ownership of his business and land.
What the clients said
Speaking on the experience, the farmer said: “I found the One Couple One Lawyer process a lot easier because you’re just dealing with one person, just one company. I've been divorced once before, many years ago and my ex-wife has been through it a couple of times, so we had a fair bit of knowledge on what to expect and you usually find that once you get two solicitors involved, it's not any easier, put it that way.
“In reality, if it had gone to court, I probably would have been worse off. It would have still come out slightly in my favour, but it would have been much closer to 50-50.
“Overall, the process is good, and I would certainly recommend it to anyone. It should be the first port of call or first option to consider, if possible, if you’re in an amicable situation when you are separating.”
Meanwhile, his now ex-wife said: “I think it's ridiculous that divorce should be an adversarial process rather than a process of agreement. Nobody gains from that.
“The One Couple One Lawyer legal process was a really straightforward experience. I had a lot of confidence in Kate; I trusted her judgement and input.
“I could have been a bit paranoid. Even though it's meant to be independent, I could have questioned whether it is really equal between us or is it slightly hedged towards my ex-husband. But as soon as I spoke to Kate and discussed the process, that went out the window. I think it worked really well and I'm happy with the outcome.”
Kate Barber, Partner in the Thrings Family team and One Couple One Lawyer practitioner, said: “When it comes to a family business, like a farm, factoring into a divorce, it is important for a separating couple to take a holistic view on what is important in order to reduce the risk of emotion spurring on unnecessary conflict.
“In this particular case, it was very positive to see the couple had come prepared with an initial view on how assets should be divided, and that the consensus was for the farm to remain intact. This is very much in the spirit of what the One Couple One Lawyer process aims to achieve and certainly helped them to end their time together with a focus on the future, rather than the past.
“The key to a successful outcome is to have a willingness to be cooperative, transparent and ready to compromise, something that is especially important for couples with a family as it can reduce the emotional fallout on the children. In general, separation is rarely a positive experience but if the couple are able to take an amicable approach, the One Couple One Lawyer process can help significantly in providing a route forward that benefits all parties.”
Thrings Family lawyers are experienced in all areas of the law that are close to home. Whether it is marriages and pre-nuptial agreements, or divorces and separations, they will put your best interests first, taking the time to get to know you so that you are supported with sound advice tailored to your needs. To find out more, get in contact or visit our new One Couple One Lawyer page.
