Divorce solicitors for business owners

We advised in financial remedy proceedings involving assets of around £8 million, including a family business valued at approximately £6 million. The case involved allegations of domestic abuse, financial coercion and attempts to control company decision-making. 

Working closely with dispute resolution, corporate and tax specialists, we helped the client secure interim financial support, strengthen their litigation position and address issues relating to company control, valuation and disclosure. 

We acted for a client who was a co-owner of a professional services firm in financial remedy proceedings involving business valuation, shareholding issues and workplace conflict. 

The matter required careful review of business accounts, expert valuation evidence, tax advice and consideration of share buyback options. Following a private financial dispute resolution process, the client achieved a settlement that reflected the value of their interest in the business, provided financial security and allowed them to move forward professionally. 

We advised in financial remedy proceedings involving assets of approximately £4.5 million, where the dispute centred on a dental practice in which one spouse was a partner. 

The other party argued that the practice should be excluded from the matrimonial asset pool. We advised on the need for court-led financial remedy proceedings and an independent valuation of the business. The valuation helped bring the practice into the settlement discussions, leading to a fair outcome by consent before the first appointment and avoiding prolonged litigation. 

We acted in a cross-border financial remedy dispute involving a UK property management and short-term lettings business, alongside overseas assets. The case involved jurisdictional issues, allegations of asset concealment and the risk of competing proceedings abroad. 

By acting quickly to secure jurisdiction in England and Wales and working with overseas advisers to identify undisclosed assets, we helped the client retain both the family home and the business as part of the financial settlement. 

We advised in a financial settlement involving assets of approximately £2 million, including a business with substantial value, the family home and jointly owned property abroad. 

The case required a careful balance between business interests, international assets and the client’s future needs, particularly as the client was undergoing cancer treatment at the time. A negotiated settlement was reached before the financial dispute resolution hearing, avoiding further litigation and protecting the client’s immediate and long-term housing and care needs. 

We advised in relation to a prenuptial agreement involving family wealth exceeding £20 million, including UK and overseas assets, multiple business holdings and a business expected to be transferred within the family. 

The case required careful cross-border planning, full financial disclosure and sensitive handling of family and cultural considerations. The agreement was accepted by both parties and later helped protect inherited and gifted assets when the marriage came to an end. 

Business interests can be considered by the court when deciding how financial assets should be divided on divorce. This does not automatically mean that a business will be sold, divided equally, or transferred to your spouse. 

The court will look at the wider financial picture, including the value of the business, the income it produces, each person’s needs, the length of the marriage, when the business was created, and the contributions made by each spouse. 

In many cases, the priority is to reach a settlement that provides fairness without damaging the business itself. This may involve offsetting business value against other assets, agreeing staged payments, using income arrangements, or structuring a settlement in a way that protects trading stability. 

Divorce can be particularly sensitive where both spouses work in the business or where one spouse has played an informal but important role. There may be questions about ownership, salary, dividends, future involvement, voting rights, employment status and ongoing control. 

We can advise on how these issues should be handled as part of the financial settlement and, where needed, work with employment and corporate law colleagues to address the wider implications. 

Business interests can be considered as part of the overall financial settlement. This does not necessarily mean your spouse will receive shares or that the business will be sold. The court will look at the value of the business, the wider assets, both parties’ needs and the fairest way to reach a settlement. 

A sale is usually a last resort. In many cases, settlements can be structured in a way that avoids selling the business, for example by offsetting value against other assets or agreeing staged payments. However, every case depends on the financial circumstances and available resources. 

A business may be valued by an independent accountant or valuation expert. They may consider profits, assets, liabilities, goodwill, future maintainable earnings, shareholder arrangements, tax and liquidity. The valuation should also consider whether value can realistically be extracted from the business. 

Retained profits may be relevant, but they need to be considered carefully. Some retained profits may be needed for working capital, tax, investment, debt repayment or future trading. It is important to distinguish between money that is genuinely available and money the business needs to operate. 

If your spouse owns shares, the settlement may need to address whether those shares should be retained, transferred, bought out or otherwise dealt with. Corporate documents, shareholder agreements and tax issues may all need to be considered. 

If you owned the business before the marriage, this may be relevant, but it does not automatically exclude the business from consideration. The court may look at how the business developed during the marriage, whether family resources were used to support it, whether your spouse contributed directly or indirectly, and whether the value of the business is needed to meet financial needs. 

We can help you understand how pre-marital business interests may be treated and what evidence may be needed to support your position.

Prenuptial and postnuptial agreements can be useful for business owners who want to protect pre-marital business interests, family companies or future growth. Although the court retains discretion, properly prepared agreements can carry significant weight. Read more about prenuptial agreements and postnuptial agreements here. Postnuptial Agreement Solicitors | Hugh James  Prenuptial Agreement Solicitors | Hugh James 

Financial disclosure is usually required, but commercially sensitive information should be handled carefully. We can advise on proportionate disclosure, confidentiality protections and ways to reduce unnecessary exposure of sensitive business information. 

If you are divorcing in England and Wales, your business can still be considered as part of the financial settlement even if it is based elsewhere. The court will look at how the business is owned, valued and treated within the wider financial picture. 

At Hugh James, we advise on divorce and financial remedy cases under the law of England and Wales, including matters involving businesses, assets and shareholders in different parts of the UK or overseas. Our team has experience dealing with cross-border issues and can work alongside accountants, tax advisers, valuers and overseas lawyers where needed to help clients understand the practical and legal implications.