Protecting Your Business During Divorce

When a marriage breaks down, the future of a family business, company shareholding or professional practice can become one of the most complex aspects of a financial settlement. We understand that a business is more than just an asset, it often represents years of hard work, a family’s primary source of income and future financial security, which is why ensuring correct legal advice is sourced is essential for both parties. 

How Does Business Ownership Affect Divorce?

Many business owners worry that divorce could force the sale of their company or significantly affect its operation, and while every case depends on its own individual circumstances, a business does not automatically need to be sold to achieve a fair settlement. Every situation is unique, and obtaining specialist legal advice at an early stage can make a significant difference to the outcome.

Currently, in England and Wales, when a couple divorces the business interests are typically considered part of the matrimonial assets. Whether one spouse owns a sole trader business, has partnership interest, limited company shares or a professional practice, the court may take these assets into account when determining a financial settlement.

Our specialist Family Law Team can help assist with:

• Business Valuation
• Negotiating Financial Settlements
• Shareholdings and Company Structures
• Mediation and Alternative Dispute Resolution
• Court Representation

If an agreement cannot be reached, our experienced family law solicitors can represent you throughout court proceedings and provide support at every stage. We understand that protecting your business through divorce is important and will help reach a fair agreement between both parties through various options, including: 

• Offsetting business assets against other matrimonial assets
• Staged financial settlements
• Share transfers or restructuring arrangements
• Maintenance arrangements linked to future income
• Agreements that preserve business ownership while compensating the other spouse fairly

If you are going through a divorce and own a business, or your partner has business interests that may form part of the financial settlement, contact our team today on 01926 491181 or email: family@moore-tibbits.co.uk for free initial advice.