Grandparents’ rights to see grandchildren
One of the common misconceptions surrounding family law is that grandparents have an inherent or automatic right to see or
Divorce for business owners: legal advice to protect your business
Business owners face complex issues when they go through divorce. Our family law experts will ensure your business stays on track and you reach a fair outcome.
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We don’t just look after you, we look out for you. That means we bring you insights, advice and keep you up to date on all kinds of legal matters so you can keep ahead.
We’re expert-led
We match a member of the team with the right expertise to every client, who will invest time getting to know you, who will look after your interests and ensure you have access to the whole firm when you need it.
We talk your language
The legal and financial matters might be complex, but we aim to keep things straightforward and explain everything in terms that are relevant to you.
Overview
If you own a business, we understand the extra challenges divorce can bring and will guide you through them with clear, practical advice.
We’ll help you through divorce with minimum disruption to your family and business
Divorce and family breakdowns are challenging enough. If you own a business, there are additional decisions to make about ownership, income and day-to-day running. You may be worried about the future of the business, whether it will be treated as part of the financial settlement, and how this will impact on your family’s income and future financial stability. There may also be issues about running the business if both partners are involved. We take a practical approach, helping you understand your position and the options available so you can make informed decisions. We will work towards a fair outcome, while minimising disruption to your family and business.
How will your business and assets be treated in divorce?
During your divorce there will be difficult questions about the ownership of your business and other assets. This might also involve working out what the future value of the business will be, and also what involvement either partner will have in the business if both of you retain some ownership. We will help you understand which assets may be included in the financial settlement and how they can be divided. Understanding what is matrimonial and non-matrimonial, we will work towards a fair division of assets with minimum disruption to business activities. If assets such as property or shares need to be sold, we will guide you through the process.
We also advise on prenuptial and postnuptial agreements, helping you safeguard your financial position now and in the future.
Minimising the impact on your family and children during divorce
Relationship breakdown is always unsettling for children, and disruption to the family business can add to this pressure. Your children’s welfare will always be the priority during divorce. Our family law solicitors have the knowledge and experience to deal with the issues that come from relationship breakdown and the impact this can have on children.
We help you manage arrangements in a way that supports stability for your children
How we can help you
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.
If you’d like to speak to one of our team, our family and divorce lawyers are based in:
- Bishop’s Stortford
- Cambridge
- Chelmsford
- North Herts
- Saffron Walden
But we can help you wherever you are in England and Wales.
Tees have an excellent reputation locally for providing commercially minded and sensible advice.
How we can support you
The areas our divorce lawyers can help business owners with include:
- Dividing assets in divorce – we also help with professional valuation of your business
- Separation agreements – as an alternative or precursor to divorce
- Financial claims –supporting you to reach a financial settlement
- Transfer of shares – planning your business exit. Advising on share transfers or changes to ownership.
- Child arrangements – where welfare comes first
- Post-nuptial agreements – protecting the terms of your divorce
- Pre-nuptial agreements – helping you plan for future financial arrangements
- Partnership agreements – formalising a relationship without marriage (link is wrong here)
- Discretionary trusts – protect your assets for future generations
Contact us today
Please complete this form and one of our team will be in touch with you shortly.
Tees Law does not provide Legal Aid. You can find more information here about Legal Aid and eligibility requirements.
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Case Study: Achieving a clean break divorce while preserving business and property interests
High-value divorce cases involving business ownership and substantial assets demand careful strategy and precise financial analysis. In this case, Tees helped a CEO protect his business and family home while achieving a clean break settlement through skilled negotiation and detailed valuation work, securing a fair outcome for both parties.
What do I need to consider about my business during divorce?
Prenuptial and post nuptial assets – you will need to establish whether your business is an asset of the marriage. If the business was set up before the marriage then it may be treated differently. However, any increase in value may still be relevant. If both partners are involved in running it then it may be considered marital property.
Valuation – if the business is a matrimonial asset, then it must have a professional independent valuation to help decide how it will be divided. This valuation must account for tax liabilities and potential sale costs.
Offsetting of assets – if one partner is to keep the business, then the other will get the equivalent value in other matrimonial assets, such as property, savings and pensions.
Third parties – if others hold shares in the business, this may affect how it is treated in a settlement. In these cases, a court is less likely to want to break up the business to be sold.
Prenuptial and postnuptial agreements – these will help protect your assets and protect future challenges of ownership.
Divorce and your business: essential steps to safeguard your assets
Divorce can be even more challenging for business owners, with questions around asset division and the future of your business. Clare Pilsworth, Partner at Tees, outlines key steps to safeguard your business. From understanding how business assets are divided, to how different structures are impacted, this guide helps you protect your livelihood. Discover strategies to avoid selling your business, the importance of business valuations, and why prenuptial or postnuptial agreements matter.
Our experience in the divorce of business owners
Key people
Key people
Frequently asked questions
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Business owner divorce FAQs
What happens to my business in a divorce?
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.
Will my ex-spouse be entitled to half of my company shares?
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.
How is a business valued during divorce?
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.
Can my spouse force the sale of my business?
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.
Is my business protected if I owned it before marriage?
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.
How can I protect my business before or during marriage?
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.
What happens if I run a family business with my spouse?
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.
Will my business accounts become public during divorce?
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.
Can business debt affect my divorce settlement?
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.
What should I do first if I am a business owner facing divorce?
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.
