Expert view: The impact of divorce on a family business

By Napthens

10 Jun 2013

Website

By Simon Gledhill, head of family at Napthens solicitors

A large percentage of businesses in this country can be described as a family business.

According to the Institute for Family Businesses, there are three million family-controlled businesses in Britain, which provide nine million jobs and turn over £1.1trillion. Some well-known family businesses include JCB and Warburtons.

These family businesses come in all shapes and sizes and are usually partnerships or limited companies.

Some are passed down through the generations and then typically one of the parties to the marriage will be in partnership with other members of his or her family. Others are started by a husband and wife together with both taking an active role in the business. These different situations require different approaches.

For all such businesses a divorce can have a significant impact.

In the majority of divorces where a couple have previously operated the business together, one of them will remain in the business, and the other will withdraw. The party who exits the business will be compensated, usually by receiving capital or maintenance.

Whatever the circumstances, a party’s interest in the business will be included in the matrimonial ‘pot’ which is shared by the couple on divorce – something which can create a range of issues to be addressed.

Problems often arise in valuing a party’s share in the business and thereafter in raising capital to buy the other party out without damaging the business itself. Usually it will be considered important to preserve the business, although in some cases a sale may be ordered by a court.

It is important to remember that many family businesses involve more than just a husband and wife team. Extended family and children can often be involved, and where this is the case the impact of a divorce can be even more significant and in such circumstances advance planning may be extremely beneficial.

There are a number of methods which can be used to protect a business. For instance, whilst the value of a party’s shares in a limited company are relevant, the divorce courts cannot make an order directed against the limited company itself.

Shareholders agreements can be used to counter the risk of shares being ordered to be transferred by the court. Pre-nuptial agreements can also be used to describe the parties’ intentions in relation to the business in the event of divorce by, for example, making it clear that the business is to be preserved as an income generator for future generations.

Enjoyed this? Read more from Napthens

Latest news

1

Council Committee approved the boundary for the first phase of Central Housing Regeneration Scheme The boundary image for the regeneration

Council Committee approved the boundary for the first phase of Central Housing Regeneration Scheme

13 Mar 2025

2

Leyland Trucks celebrates 10,000th DAF XB production milestone Leyland Trucks celebrates 10,000th DAF XB production milestone

Leyland Trucks celebrates 10,000th DAF XB production milestone

12 Mar 2025

3

Lisa Goodwin-Allen to leave Northcote after 23 years Lisa Goodwin Allen

Lisa Goodwin-Allen to leave Northcote after 23 years

12 Mar 2025

4

Iwan Jones appointed chief financial officer of NW Mutual Iwan Jones

Iwan Jones appointed chief financial officer of NW Mutual

11 Mar 2025

5

Butlers Farmhouse Cheeses get planning approval for state-of-the-art cheesemaking campus Butler Farmhouse Cheeses

Butlers Farmhouse Cheeses get planning approval for state-of-the-art cheesemaking campus

11 Mar 2025

Pc Prestonmacan Gif980x120 March
Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV121 March/April Launch Event
121 Lancashire Business View Magazine Launch
Networking
20 Mar 2025

LBV121 March/April Launch Event

The Whitakers Museum, Rossendale, BB4 6RE

08:30 - 10:30

Skills Bootcamp in Procurement - Cohort 3
Blue-Modern-Land-Travel-Youtube-Thumbnail-2-1024x576.png.png
LBV Hub Awards
14 Jan 2025 - 18 Mar 2025

Skills Bootcamp in Procurement - Cohort 3

Community & Business Partners CIC, Blackburn, BB2 3UA

09:30 - 13:00

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Red Rose Awards 2025
Red Rose Awards 2025
Awards
13 Mar 2025

Red Rose Awards 2025

Winter Gardens Blackpool

18:00 - 11:59

March Preston tech Connection: IWD Accelerate Action
PRESTON TECH CONNECTION jan.ai-5.png.png
LBV Hub Networking
13 Mar 2025 - 13 Mar 2025

March Preston tech Connection: IWD Accelerate Action

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Live Work Create: Creative Placemaking.
LiveWorkCreate .png.png
LBV Hub Networking
18 Mar 2025 - 18 Mar 2025

Live Work Create: Creative Placemaking.

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 20:30

Seasons of Leadership - Spring
jeremy-thomas-FO7bKvgETgQ-unsplash.jpg.jpg
LBV Hub Webinar
18 Mar 2025 - 18 Mar 2025

Seasons of Leadership - Spring

Online, Trawden, BB8 8SW

19:00 - 21:00

The Business Network Central & East Lancashire
LBV Header (18).png.png
LBV Hub Networking
20 Mar 2025 - 20 Feb 2025

The Business Network Central & East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

The Marketing MeetUp Lancashire
TMM Lancs 30th Jan.jpg.jpg
LBV Hub Networking
25 Mar 2025 - 25 Mar 2025

The Marketing MeetUp Lancashire

The Chubby Duck, Rawtenstall, BB4 6AJ

18:00 - 20:00

Spring Statement 2025 LIVE: Insights with PM+M
Spring Statement 2025 LIVE for website.png.png
LBV Hub Seminars
26 Mar 2025 - 26 Mar 2025

Spring Statement 2025 LIVE: Insights with PM+M

Blackburn Rovers, Blackburn, BB2 4JF

12:00 - 15:00

Preston Freelancer Meet-Up: March
Freelancer Meet-Up March.png.png
LBV Hub Networking
27 Mar 2025 - 27 Mar 2025

Preston Freelancer Meet-Up: March

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV120 Online Graphic 1
Subscribe now

Weekly news bulletin