he practical difficulty arises if the spouse who owns the property, refuses to comply. The courts of the country where the property is situated may or may not recognise and enforce the English or Welsh Order. Enforcement often depends on local law and any reciprocal arrangements between that country and the UK.
In practice, judges frequently deal with this by:
Ordering a spouse to sell the overseas property.
Offsetting the value of the overseas property against UK assets. This would mean that the spouse who owns the overseas property keeps it, but the English assets are divided more in favour of the other spouse
Making ancillary orders to encourage compliance. For example, the husband who owns the property overseas will not get the benefit of the share of the sale of the UK property, until he has complied with any orders associated with that overseas property.
We will always try to negotiate the resolution of financial matters, without recourse to the courts.
The courts can be, have to be, fairly rigid in their approach to the resolution of financial matters. But negation can give the parties a wider variety of solutions.
I have recently negotiated, that the husband retains the overseas property. If he is to sell or transfer it, the proceeds are divided equally between he and his wife. But, until its sale, the wife had a significant number of weeks use of the villa, each year (to stop any potential issues, the order was specific in the dates the wife would use it, the costs of upkeep etc).
When faced with overseas property complexities, there are techniques to overcome obstacles, delivering communication and agreement without recourse to the Family courts.
How to Contact Our Solicitors – you can complete our Contact Form here, or you can call us on 0116 212 1000.
Protecting Inherited Property on Divorce in England and Wales
We are often asked to advise in cases where one spouse has inherited a property. A common question is what happens to that property if the marriage later breaks down and the parties divorce.
In England and Wales, inherited property is not automatically protected from financial claims on divorce. However, it is usually treated differently from assets that have been built up during the marriage. The court’s primary aim is to achieve a fair outcome in accordance with the Matrimonial Causes Act 1973.
Matrimonial and Non-Matrimonial Assets
When dealing with finances on divorce, the courts generally distinguish between:
Matrimonial assets – property and wealth acquired during the marriage through the parties’ joint efforts, such as earnings, savings and the family home. These assets are normally available for sharing between the parties.
Non-matrimonial assets – assets owned before the marriage or received by one party through a gift or inheritance. Inherited property usually falls into this category.
As a starting point, inherited assets may be treated as belonging solely to the person who inherited them and can sometimes be “ring-fenced” from division.
When Inherited Property May Be Included
Despite this, inherited property can still form part of a financial settlement in certain circumstances.
The court is more likely to consider inherited assets where:
The other spouse’s financial needs, particularly their housing or income needs, cannot be met from other available resources.
The inheritance has become mixed with marital assets, for example where inherited funds have been used to purchase or improve the family home, placed into a joint account, or otherwise treated as a shared family resource.
The marriage has been long and the inherited property has played a significant role in the family’s life. In these situations, the distinction between matrimonial and non-matrimonial assets may carry less weight.
Factors the Court Will Consider
Each case is assessed on its own facts. The court will take into account:
The value of the inherited asset.
Whether it was inherited before or during the marriage.
The length of the marriage.
Whether there are dependent children.
The parties’ housing and income requirements.
Whether the inheritance has been kept separate or integrated into the family’s finances.
An Example
If a wife inherits a mortgage-free property worth £500,000 from her parents and keeps it solely in her own name, the court may be inclined to leave that property untouched if the parties have sufficient other assets available.
However, if the inherited property represents the family’s main or only significant asset, and there is a need to provide suitable housing for the other spouse and any children, the court may take the property into account to help meet those needs.
Key Point
Although inherited assets often receive special consideration, they are not automatically excluded from a divorce settlement. The likelihood of an inheritance being taken into account increases where financial needs are significant or where the asset has effectively become part of the family’s shared wealth.
Note – The treatment of inherited property can vary further depending on the type of asset involved, such as a farm, a buy-to-let property, a family home, property inherited before marriage, or assets held within a trust.
How to Contact Our Solicitors – you can complete our Contact Form here, or you can call us on 0116 212 1000.
Divorce can be difficult for any family, but when a farm is involved, things can become much more complicated. This is because a farm is often more than just land or property – it is usually a family home, a business, and a way of life that may have been passed down through generations.
What Happens to a Farm in a Divorce?
There are no special divorce laws that apply only to farms. The same rules apply as in any other divorce. The court’s job is to reach a fair outcome based on the circumstances of each family.
When deciding how finances should be divided, the court will look at all assets, including:
Farmland
Farm buildings
The farmhouse
Livestock
Machinery and equipment
Farming businesses and partnerships
Investments and savings
What if the Farm Was Inherited?
Many farms have been in the same family for generations. If one spouse inherited the farm or owned it before the marriage, the court may treat it differently from assets acquired during the marriage.
However, inherited assets are not always protected. If the farm is the family’s main source of wealth and is needed to provide housing or financial support for the other spouse or children, the court may still take it into account.
Does It Matter If Both Spouses Worked on the Farm?
Yes. The court will consider the contributions made by both spouses.
Contributions can include:
Working on the farm
Managing the business
Looking after children
Running the household
Supporting the farming business in other ways
A spouse does not have to be directly involved in farming to have made an important contribution to the family’s success.
Why Are Farming Divorces Different?
Many farms are worth a lot of money on paper, but they may have very little cash available. Most of the value is tied up in land, buildings, livestock, and machinery.
This means that selling part of the farm to pay a settlement could affect the business and the family’s future income. For this reason, courts often try to find solutions that allow the farm to continue operating where possible.
How Is the Farm Valued?
Before a settlement can be agreed, the value of the farm usually needs to be assessed by a specialist expert.
The valuation may include:
Land and property
The farmhouse
Livestock
Crops
Machinery
Business assets
Debts and loans
This helps everyone understand what the farming business is actually worth.
Possible Outcomes
One Person Keeps the Farm
A Lump Sum Payment
Property Transfers
Sale of Assets
Conclusion
A farm is often much more than a financial asset. It is a home, a business, and a family legacy. When divorce occurs, the court will try to reach a fair outcome while taking into account the needs of both parties and any children. With the right advice and careful planning, it is often possible to protect the future of the farm while achieving a fair financial settlement for everyone involved.
How to Contact Our Solicitors – you can complete our Contact Form here, or you can call us on 0116 212 1000.
YOU’RE NOT THE ONE – MARITAL REGRET is the No.10 Reason, according to our Solicitors, why couples split-up.
Dwindling Optimism
Marriage is usually entered into with optimism, commitment and the hope of building a shared future. However, some people later come to regret their decision to marry. That regret may arise quickly, perhaps after the reality of married life feels very different from expectations, or it may develop gradually as incompatibilities become clearer over time.
Regret alone does not automatically mean a marriage must end. Many couples experience doubts or disappointment and are able to address them through honest communication, counselling, compromise and time. The difficulty arises where regret becomes persistent and is accompanied by emotional withdrawal, resentment or a settled belief that the marriage was a mistake.
Feelings of Regret
A person who regrets marrying may begin to compare the marriage with the life they think they have lost. They may feel trapped, restricted or disconnected from their spouse.
This can affect day-to-day behaviour: conversations become shorter, affection reduces, arguments increase or one spouse stops investing in plans for the future. The other spouse may sense rejection even if the regret is not openly expressed.
Regret can also expose deeper problems that existed before the wedding but were overlooked or minimised. These may include differences about children, finances, career ambitions, religion, family involvement, intimacy or lifestyle.
If one or both spouses feel they married because of pressure, fear of disappointing others, financial dependency or the momentum of wedding plans, the marriage may lack the foundation needed to withstand ordinary stresses.
In England and Wales, the legal process no longer requires a spouse to prove blame. Since the introduction of no-fault divorce, the sole ground is that the marriage has irretrievably broken down. A spouse does not need to set out allegations about why they regret marrying, although the emotional reasons behind the decision may still be important when discussing children, finances, housing and practical arrangements.
Where regret is recent or uncertain, it may be sensible to pause before taking formal steps. Counselling, mediation or structured conversations can help establish whether the problem is temporary unhappiness, unresolved conflict or a genuinely final decision. A clear understanding of the reason for the breakdown can reduce confusion and help both parties make informed choices.
If the regret has become settled and the relationship cannot be rebuilt, divorce may become the route to formalise the end of the marriage. Approached carefully, it can allow both people to move from blame and disappointment towards practical resolution, dignity and a more realistic future.
How to Make an Appointment to Discuss Your Situation with a Solicitor
At Lawson West we understand what couples are going through at every stage of separation. As members of Resolution, we are committed to a non-confrontational approach to family law issues that would produce better outcomes for separating families and their children. You can complete our Contact Form here, or you can call us on 0116 212 1000.
We’re here to help.
This article: Created by AI and checked by a qualified solicitor. This article is intended as general commentary only and is not legal advice. Specific outcomes in family law depend on the facts of each case and the applicable law at the time.
