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

Airframe Designs to play key role in world water speed record attempt ames Hodgkiss Jerrod Hartley And Chris Fleet Of Airframe Designs In The Longbow Workshop

Airframe Designs to play key role in world water speed record attempt

27 Nov 2025

2

Lancashire businesses react to Autumn Budget announcement Roger Philips

Lancashire businesses react to Autumn Budget announcement

26 Nov 2025

3

Reeves delivers £26bn tax rise Budget UK Parliament Budget photo

Reeves delivers £26bn tax rise Budget

26 Nov 2025

4

Seven Lancashire towns on list of target locations for new M&S Food stores M&S Food Stores

Seven Lancashire towns on list of target locations for new M&S Food stores

26 Nov 2025

5

Lancaster University to receive nation’s highest education honour Micro:bit Educational Foundation created by Lancaster University

Lancaster University to receive nation’s highest education honour

26 Nov 2025

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
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

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

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

Lancashire post Budget analysis finance leaders events
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
27 Nov 2025 - 27 Dec 2025

Lancashire post Budget analysis finance leaders events

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

Blackburn Budget Breakfast Seminar
1.jpg.jpg
LBV Hub Seminars
28 Nov 2025 - 28 Nov 2025

Blackburn Budget Breakfast Seminar

Premier Suite, Blackburn Rovers, Ewood Park, Blackburn, BB2 4JF

07:30 - 10:30

Navigating making tax digital for Income Tax
mtd event LinkedIn.jpg.jpg
LBV Hub Seminars
03 Dec 2025 - 03 Dec 2025

Navigating making tax digital for Income Tax

Junction 4 Skatepark , Darwen, BB3 0AJ

08:00 - 10:30

Chamber Breakfast Networking – December
Logo.jpg.jpg
LBV Hub Networking
04 Dec 2025 - 04 Dec 2025

Chamber Breakfast Networking – December

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

The Business Network Central & East Lancashire
LBV Header (27).png.png
LBV Hub Networking
04 Dec 2025 - 04 Dec 2025

The Business Network Central & East Lancashire

Mytton Fold, Langho, BB6 8AB

11:15 - 14:30

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 LBV124 Online Graphic
Subscribe now

Weekly news bulletin