Getting a divorce when there is a business involved

Going through a divorce is not often a pleasant or stress-free experience and that can be further complicated when a business is involved. How can you go through a divorce and protect your business at the same time?

The most important first step is to seek legal advice. This will help to clarify your position and ensure you can protect your livelihood as much as possible during the process. There are other factors to consider with a divorce involving a business and here are some of them:

Get advice straight away

As soon as you have made the decision to divorce, it’s important to seek legal advice immediately. Financial advisors and accountants will also be key contacts during the process. By seeking advice early on, you can understand exactly what is involved in the divorce process, what you can do to best protect your interests and how to safeguard the business as far as possible from potential risks.

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Work out the value of the business

It is important to have an accountant to work with who can provide an accurate value for the business, whether it is operated under sole trader status or as part of a partnership or limited company. The court will take this value into account and it is likely that the spouse not connected to the business might be awarded more of the non-business assets. This is far more likely than a business being ordered to close.

Stay calm

Divorces can often become heated and unpleasant affairs but it’s important to keep your head, even if others are losing theirs. It is important not to be drawn into protracted arguments but to keep the end goal in sight, so that you can focus more on the needs of the business in the long run. For advice from a Solicitor Gloucester, go to a site like

Have clear priorities

At the start, prioritise the things are really important and the things that you can live with being flexible over. There’s no point in expending energy and fighting over insignificant issues. If you have clear priorities and outcomes you desire, stick to focusing on those and not trivial matters.

Out of court

You might consider settling out of court and there are some benefits to this outcome. The courts are struggling with considerable backlogs at the moment. An out of court settlement can often work better for families as it offers a more flexible approach and can have beneficial outcomes for all involved, outcomes that most likely wouldn’t occur if the case is dealt with by a court.

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Looking ahead

When the time is right, you may be ready to marry again. If so, you should seriously consider the benefits of a prenuptial agreement. This type of agreement is not necessarily binding but should the relationship end in a divorce court, a prenup does have legal standing. It’s also a smart way to protect your pre-marriage assets, including your business!

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