The legal rights of unmarried couples living together
Living together without getting married is a common choice for many couples. However, it’s essential to understand the legal differences
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Divorce is stressful for anyone. When a family business is involved, the emotional and financial pressures can feel even greater. You may be worried about the future of your business, your income and the impact on those closest to you.
We understand the challenges business owners face during divorce. Our family law solicitors take a calm, practical and sympathetic approach, working towards a fair outcome while keeping disruption to your family and your business to a minimum.
The wellbeing of children is always the priority in any divorce. Relationship breakdown can be unsettling for children, particularly where a family business is under pressure.
Our experienced family law solicitors will support you through arrangements for children with sensitivity and clarity, helping you reach practical solutions that protect their welfare and provide stability during a difficult time.
Divorce involving a business often raises difficult questions about asset ownership, income and future value. We will help you identify which assets are matrimonial and non-matrimonial, and advise on how these should be treated within the divorce settlement.
Our aim is to protect your business interests wherever possible. If assets such as property or shares need to be sold or transferred, we will guide you through the process carefully to reduce disruption to day-to-day operations. We also advise on prenuptial and postnuptial agreements, helping you safeguard your position now and in the future.
Tees is a Top-Tier Legal 500 firm with extensive experience in divorce for business owners and family businesses. Our multi-disciplinary team works across family law, business law and financial planning to give you joined-up advice when you need it most.
View our fixed-fee family law consultation page ,we offer compassionate, expert guidance from an experienced solicitor, focused on you and your next steps.
Tees have an excellent reputation locally for providing commercially minded and sensible advice.
The areas our divorce lawyers can help business owners with include:
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Tees Law does not provide Legal Aid. You can find more information here about Legal Aid and eligibility requirements.
Our multi-disciplinary team can help you with due diligence and issues around employment law and risk management.
We have experienced lawyers with deep sector knowledge who can advise on commercial property acquisition.
At Tees, we have our own in-house independent financial advisers who can help you to maximise profits from your business disposal, look at all pensions issues and help you invest for the security of your future.
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Living together without getting married is a common choice for many couples. However, it’s essential to understand the legal differences
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In England and Wales, a business is considered a matrimonial asset if it was built up during the marriage. Even if the shares are held in one spouse’s sole name, the court has the power to take the value of the business into account when reaching a financial settlement.
That does not automatically mean your business will be split in half or sold. The court’s primary objective is fairness, with a strong focus on meeting both parties’ needs — particularly where there are children.
Where possible, the court aims to avoid damaging a viable business. Settlements are often structured so that the business owner retains control, with other assets or staged payments used to achieve fairness.
Not necessarily.
The starting point in long marriages is often a 50/50 division of matrimonial assets. However, this does not mean your spouse will receive half of your shares. Instead, the court looks at:
The overall asset position
Each party’s needs and earning capacity
The liquidity of the business
The impact on employees and trading
It is common for the business owner to retain the shares and compensate their spouse through other assets, such as property, pensions or structured payments.
A formal, independent business valuation is usually required.
This is typically carried out by a jointly instructed forensic accountant who will assess:
Profitability and maintainable earnings
Assets and liabilities
Goodwill
Market conditions
Shareholder structure
The valuation process can be complex, particularly in owner-managed or family-run businesses. Early legal and accounting advice is essential to protect the integrity and continuity of the company.
In most cases, the court is reluctant to order the sale of a profitable business, especially where it provides income for both parties and employees.
A forced sale is usually considered only where:
There are no other assets available to meet needs
The business cannot sustain borrowing
There is no realistic alternative settlement structure
The court’s priority is fairness, not punishment. Preserving a successful enterprise is often in everyone’s best interests.
Pre-marital ownership can be relevant, but it does not provide automatic protection.
If a business existed before the marriage, part of its value may be considered “non-matrimonial.” However, if the company grew significantly during the marriage — particularly due to joint efforts or family support — some or all of the increased value may be subject to division.
The length of the marriage and the financial needs of each party are highly influential factors.
Business owners should consider:
Carefully drafted shareholder agreements
Structuring shareholdings appropriately
Regular reviews of company documentation
While nuptial agreements are not automatically binding in England and Wales, the courts increasingly uphold them where they are properly prepared and fair.
Forward planning is far more effective — and cost-efficient — than attempting to restructure after separation.
Where both spouses are actively involved, matters can become more complex. The court will consider:
Each party’s role within the company
Whether the business can continue jointly
The practical reality of working together post-divorce
Alternative exit arrangements
In many cases, one party buys out the other’s interest, or a phased transition is agreed to protect business continuity.
Financial disclosure is required in divorce proceedings, but it remains confidential within the court process.
However, if proceedings become contested and reach a final hearing, certain aspects may enter the public domain. Managing reputational risk is therefore important — particularly for high-profile or regulated businesses.
Early strategic advice can minimise disruption and protect commercial interests.
Yes. The court considers net asset value, meaning business liabilities are factored into the overall financial picture.
Personal guarantees, director’s loans, and contingent liabilities may all impact:
The value attributed to the business
Borrowing capacity
Settlement structuring
Clear financial evidence is essential to avoid inflated valuations or unrealistic settlement expectations.
Take early advice from both the legal and financial teams.
Key initial steps include:
Gathering up-to-date management accounts
Reviewing shareholder and constitutional documents
Considering cash flow and borrowing capacity
Avoiding unilateral business decisions that could be challenged
Divorce involving business interests requires a coordinated approach between family lawyers, corporate advisers and accountants.
