Outlook for grandchildren helped land-owning family reach agreement
DIVORCE – Two spouses were legally divorced. Immediately after the divorce the two agreed on a division of property, which two years later was set aside by a judge as non-binding for the wife.
The division of property was re-opened, and a lower court made a judgement that was then appealed to a higher court.
There was disagreement about the following points:
- The value of an agricultural property as well as the point in time in which value should be determined
- Whether the division of property should assign the operating manger’s salary for before or after the date of separation
- The extent to which fictive rent obligations can be included as an expense
- The valuation of cattle that no longer exist
- The valuation of horses that no longer exist
- The valuation of equipment for horses
- Passive value of latent taxes
- Passive value of a land lease to one spouse’s mother
- Passive value of VAT adjustment liability
The lower court delivered a judgement after 6 months, and the case was appealed to a higher court immediately after and sent to mediation after two months. The case was settled after 3½ hours’ mediation.
A large portion of the mediation was spent on the two parties’ future grandchildren. They were about to become grandparents for the first time, and they were clearly excited. Their new hopes for the future played a critical role in the positive outcome of the mediation.
Five years of arguments were settled and two grandparents left the meeting happy.