employment rights

[jan01]

I was employed on my husbands farm for 15years & was never paid a wage .. (all utility bills were paid thru the farm) we then became partners in the farm & my payment status remained the same. Now that we are to divorce, am I or indeed was I entitled to a wage either before partners during? ................

[boxtops]

What did your contract of employment on the farm say? - not sure how you can say you were employed, if you weren't paid, unless the agreement says you provided your labour and in return you were given board and lodging?

When you became partners, what did the legal partnership document say about partners' drawings or pay?

[jan01]

I didn't actually have a contract of employment.... I just went out to work some days 7 day per week .....same when we became partnership .. altho no contract was drawn up, we were trading in both names ....... this doesn't sound too positive does it..:(

[c1]

Although you never had a contract it should have been implied by its very nature that you would provide your labour and receive remuneration in return. How were you employed? Do you have anything in writing?

[buildersmate]

This sounds complex; not unnaturally if you and your husband are divorcing, you want to look after your own interests.
When you were together, and prior to the 'partnership', if what you did was help your husband on the farm, and the profits of the business were going back into the business via your husband's self-employed status, I don't see how you can now claim your husband was employing you.
During the partnership, it is unclear what changed; partners are normally both self-employed and take earnings out of the business; if you weren't be paid, presumably you had no reason to submit SE tax forms and neither has any NI contributions been paid for you. The way you describe it as 'my husband's farm' suggests the partnership did not exist to you having a stake in the land of the farm?
You are going to have to use a solicitor for your divorce settlement and use him to negotiate for a financial settlement that takes account of your contribution to the joint business - that seems preferable to maintaining that you were retrospectively 'employed'. I don't think you were.

[jan01]

I cannot thank you enough guys for all the points you have brought to the fore & I am consulting a solicitor.. the "partnership" is really quite complex ....thank you ..:)