Protecting your business in divorce: advice from an expert solicitor

AdobeStock_671456313-divorce.jpg.jpg

The law treats a business as an asset, making its ownership significant in financial matters related to divorce.

David Connor is a director at WHN’s Rawtenstall office and leads the firm’s services for individuals and families. He shares key advice on protecting your business in the event of a divorce.


A key aspect in determining how a business is viewed in divorce proceedings is how it is structured. It could be run by a sole trader, as a partnership, limited liability partnership or limited company. A trust can also be established to operate a business.

Even though a business may be a separate legal entity from the parties to divorce and this legal entity may well own the business assets and contracts, the business itself is not immune from financial matters within a divorce.

You may own the business jointly with your partner or you may own it with others. Either way, dealing with a business in divorce raises significant issues which need to be considered.

The value of the business

The business’s value is key when looking at financial remedies. There are several differing methods to give an idea of value and doing this can be a costly and time-consuming exercise.

Generally, but not always, the courts prefer to maintain the existence of a business, but that may mean finding other assets or methods to compensate for its value. That could include paying spousal maintenance, especially where both parties have a hand in the running of the business and it has been their source of income.

If such methods are not possible, the business may need to be sold.

Important considerations when forming a business

On the formation of your business, you may wish to think about who should be involved in its management.

Appointing your spouse as a co-partner, director, company secretary, or shareholder may be attractive but could have consequences down the line. If they have played a legitimate role in the development of the business, this could increase arguments about a claim over the business in the event of a marriage breakdown. It may also give them employment rights.

For limited companies, things like bespoke shareholder agreements and articles of association can have clauses which deal with what should happen on separation or divorce. This may provide buyout options, particularly where companies or businesses are jointly owned by both spouses.

There may be information setting out the different classes of shares for a limited company and the rights that go with them. In other cases, a bespoke partnership agreement may help.

Nuptial agreements can be a useful method to stipulate how assets are to be divided in the event of divorce, including how the business will be dealt with. They are not automatically binding, but where there is appropriate disclosure, separate advice and the outcome is seen as fair and reasonable, then the courts are likely to enforce them.

Trusts can sometimes be used as a structure to run a business. The trustees can own the business assets, and the trust document can state how profits are to be determined. They do have tax consequences, so advice is needed upon a structure of this nature.

Structure is key

As can be seen, there is no one-size-fits-all method that can work for everyone. Thought needs to be given to the structure when a business is being established. That is: sole trader, trust, limited company, limited liability partnership or partnership.

Thought must also be given to the documentation needed to support this. That could be a partnership agreement, shareholder agreement, articles of association or trust deed.

When thinking of getting married, consider if a prenuptial agreement setting out what should happen to the business interests is appropriate. You can also enter into nuptial agreements after marriage.

Above all, seek expert advice along the way. WHN has a team of family law specialists who can assist with nuptial agreements and specialists who can advise on business structures, trusts, company, formation, and associated documentation.

David specialises in all areas of family law and represents individuals seeking to resolve family law matters either by agreement or through court proceedings where necessary.

He has particular expertise in financial settlements in divorce and separation, especially high-value cases, those involving business interests and agreements where assets may be at risk of being removed or dissipated.

For further information on protecting your business in family law matters, call David on 01706 225621 on email him at [email protected]

Enjoyed this? Read more from Woodcocks Haworth & Nuttall Solicitors

Latest news

1

Fox Group boost acquisition portfolio Fox Group CEO Paul Fox, DSD CEO Shaun Nugent and DSD MD Martin Tweddle

Fox Group boost acquisition portfolio

13 May 2026

2

Jobs axe set to fall at Victrex Victrex

Jobs axe set to fall at Victrex

12 May 2026

3

Concern grows over GCAP fighter jet funding Tempest new

Concern grows over GCAP fighter jet funding

12 May 2026

4

Sports bar planned for historic school site 1860 sportsbar

Sports bar planned for historic school site

12 May 2026

5

Spudbros Express to open 30 more locations across the UK Spudbros Express

Spudbros Express to open 30 more locations across the UK

12 May 2026

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
LBV128 May/June Magazine Networking Event
Canva - Mag Launch
Networking
19 May 2026

LBV128 May/June Magazine Networking Event

Colne Market Hall, Lancashire, BB8 0HS

08:30 - 10:30

Funding Summit
Funding Logo Canva Mid
Summit
17 Jun 2026

Funding Summit

Village Hotel Blackpool

08:30 - 11:00

LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Brysdales, Britannia Buildings Drumhead Road, Chorley, PR6 7BX

16:00 - 18:00

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2Q

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Jan/ Feb Networking Event - Talking
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

The Business Network Central and East Lancashire
LBV Hub Networking
14 May 2026

The Business Network Central and East Lancashire

Longridge House, Preston, PR3 2TB

11:30 - 14:15

Memories on the Lake
Memories on the Lake walk
LBV Hub Fundraisers
16 May 2026

Memories on the Lake

Pendleside Hospice and Thompson Park, Burnley for Memories on the Lake

18:30 - 21:30

Bay Hospitality Forum
LBV Hub Networking
16 May 2026

Bay Hospitality Forum

Lancaster & Morecambe College, Lancaster, LA1 2TZ

10:00 - 12:00

Research and Knowledge Exchange Festival 2026
Spark 2026 newsletter v3-5 (1).png.png
LBV Hub Seminars
18 May 2026 - 22 May 2026

Research and Knowledge Exchange Festival 2026

University of Lancashire, Preston, PR1 2HE

10:00 - 20:00

How to handle an underperforming employee
Logo.jpg.jpg
LBV Hub Seminars
20 May 2026

How to handle an underperforming employee

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

U35 Networking Event
Logo.jpg.jpg
LBV Hub Networking
20 May 2026

U35 Networking Event

The Royal Hotel & Bar, Lancaster, LA1 1YD

17:30 - 19:00

Culture, Community & Commerce in the City # 1 - Northern Dough Co x WASH Studio
8.png.png
LBV Hub Networking
20 May 2026

Culture, Community & Commerce in the City # 1 - Northern Dough Co x WASH Studio

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 20:30

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