Farming and financial remedies: an overview of some common issues relating to partnerships, trusts and nuptial settlements

Andrew Commins, St John's Chambers

Financial remedy cases involving farms can raise a whole host of issues. Farming enterprises may be operated partly – or fully – within a partnership, which can lead to a dispute as which assets actually fall within the court’s discretionary powers. Once assets are identified and valued, some creativity may be required to extract those assets for the benefit of a party. This article seeks to identify and provide an introduction to some of the more difficult areas of law and practice that arise, including ownership-identity and value-extraction.

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