Is there anyway to protect the farm if a marriage fails

greengrassbluskies44

My brother plans on marrying his girlfriend. I obviously hope they have a happy Marriage but nearly half of marriages end in divorce these days and I’m thinking of the future if things do go pear shaped for them, she can take half the farm. With prenups not being legally binding, is there anyway if protecting her taking half of what took generations to build?

roosterman71

Talk to a solicitor

blackdog1

There are ways where you can protect yourself but if your brothers not interested and trusts his wife to be there is no point discussing it.

Mongfinder General

Mortgage the farm and get the cash offside.

If she tries to f* ** him over, all that there’ll be to show on paper is debt.

And I know. Easier said than done.

Castlekeeper

Marry someone with more than you.

Siamsa Sessions

https://www.boards.ie/discussion/comment/120637467#Comment_120637467

Simplest solutions are the best 😂

Padre_Pio

Who owns the farm?

Just your brother?

Markcheese

Family trust ?

So the trust owns the farm , your brother has full rights to farm it as he sees fit ,pays a nominal rent or fee to run the trust .

So any profit your brother makes would be subject to maintenance ect , if the stock or machinery was personally owned that too could be split, prob the house too

The rules of the trust could even decide inheritance.. so not necessarily eldest child , or grandchild , but possibly whoever wants to farm it .

Any secured loans for major work, or improvments would probably have to be taken out by the trust..

Siamsa Sessions

Life is very random and worrying about 'what if she takes half the farm' reminded me of this story about a Chinese farmer: https://www.youtube.com/watch?v=byQrdnq7_H0

"You never know what will be the consequences of a misfortune. Or you never know what will be the consequences of good fortune."

Dial Hard

Even if the worst should happen she's not automatically entitled to half of anything. I have no idea why that misconception is so engrained in people's heads. If they split she'd be entitled to seek an interest in any joint assets, but it's entirely up to the courts how much that might end up being.

Base price

https://www.boards.ie/discussion/comment/120638449#Comment_120638449

That is a great thought for today.

sasal

Divorce rates in Ireland are nowhere near 50%

https://thefamilypractice.ie/divorce-rates-in-ireland/

Cyrus

https://www.boards.ie/discussion/2058297807/is-there-anyway-to-protect-the-farm-if-a-marriage-fails

a farm is the same as any other asset in a divorce.

Water John

I'd say the majority of Irish farmers are married to someone earning more than themselves.

Silverdream

Family Farm just outside Ennis sold last week. Son had Fcuked off the wife and children with no maintenance paid for years. Judge took a dim view and he was ordered to pay. End result farm that was in the family for generations gone.

wrangler

https://www.boards.ie/discussion/comment/120638478#Comment_120638478

I know a farmer that sold all the stock and the wife got the money seized on waiting on the outcome of the divorce so he's not allowed use the money.

She never had any interest in the farm

wrangler

https://www.boards.ie/discussion/comment/120638508#Comment_120638508

There's more marriage breakdowns than go for divorce

Heraclius

https://www.boards.ie/discussion/comment/120641108#Comment_120641108

Sounds pretty fair to me.

Smee_Again

https://www.boards.ie/discussion/comment/120641108#Comment_120641108

What's the issue here? Sounds like he fucked around and found out.

vincenzolorenzo

https://www.boards.ie/discussion/comment/120641108#Comment_120641108

And rightly so by the sound of it

kerryjack

It does happen and have seen it where a lad ended up in a mobile home when the wife and kids was living in the grand farmhouse, but he was foolish enough to move out in the first place. He seemed a nice sort but you never know usually 3 side's to the story. Like other posters have said you can't be worrying about these things or you would never get married and end up a lonely old man.

148multi

https://www.boards.ie/discussion/comment/120641108#Comment_120641108

Perfectly right, why should the state pickup all the pieces. Should be the same with the lads on the dole.

There was a lady in Liverpool who had 6 children, but no father registered to any while social welfare covered all.

Social services brought her and grilled her for the father's name / names.

A after the interrogation she asked, when you eat a can of beans can you tell which one makes you fart.

FintanMcluskey

https://www.boards.ie/discussion/comment/120652931#Comment_120652931

Like other posters have said you can't be worrying about these things or you would never get married and end up a lonely old man.

Getting married doesn't not prevent one from becoming lonely.

Often marriage is a cause of loneliness

green daries

https://www.boards.ie/discussion/comment/120655340#Comment_120655340

Profound but it's a very true one it can be lonely for either or both

RockOrBog

Find a good hitman

Lime Tree Farm

https://www.boards.ie/discussion/comment/120655340#Comment_120655340

As Noel V Ginnety joked, growing up in a large family, he never knew what it was to sleep in a bed on his own until he got married.