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Divorce can be a difficult and emotional time for anyone, but when it comes to business owners, the stakes can be even higher.

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In England, divorce laws are complex and navigating them can seem overwhelming.

As a business owner, you may have concerns about how your divorce could affect your company’s assets, finances, and future growth. It’s important to understand your rights and obligations so that you can protect yourself and your business during this challenging time. In this blog post, we’ll explore some key considerations for business owners going through divorce in England. From property division to spousal support to prenuptial agreements – we’ve got you covered! So let’s dive into the world of divorce law and see what you need to know as a savvy entrepreneur facing a marital split-up in England.

How can Austin Kemp help you If you own a business

As a business owner, you are likely to have a lot of financial proceedings to go through during your divorce. Austin Kemp can help you with this by providing you with expert legal advice and support. We can help you to reach a fair settlement with your ex-partner, and protect your interests in the business. We can also help you to deal with any tax implications of the divorce, and advise you on how to divide up the business assets. Contact us today for more information on how we can help you with your divorce and business.

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Is a limited company a marital asset?

A limited company is a type of business structure in the United Kingdom. The owners of a limited company are known as shareholders and they have limited liability for the debts of the company. This means that if the company gets into financial difficulties, the shareholders will only lose the money they have invested in the company and will not be liable for any other debts.

A limited company is considered to be a marital asset in England. This means that if you are going through a divorce, your spouse may be entitled to a share of the company. However, there are several factors that will need to be considered when determining how much your spouse is entitled to. These include the value of the company, the length of time you have been married, and whether your spouse contributed to the running of the business.

How is a limited company divided in a divorce?

In England, a limited company is a type of business entity that is legally distinct from its owners. This means that if you are divorcing your spouse and they own a limited company, the company itself is not automatically dissolved.

Instead, the company remains in existence and the shareholders (including your spouse) continue to own their shares. However, the court can make an order dividing the company’s assets and liabilities between the shareholders. This is known as a ‘divisional order’.

If you and your spouse own a limited company together, you will need to agree on how to divide the company’s assets and liabilities between yourselves. If you cannot reach an agreement, you can ask the court to make a divisional order.

When making a divisional order, the court will take into account a number of factors, including:

  • The value of each shareholder’s interest in the company;
  • The financial needs of each shareholder;
  • The contribution each shareholder has made to the company; and
  • Any other factor that the court considers relevant.

How do you value a business upon divorce?

If you are divorcing in England, it is likely that the court will value your business as part of the financial settlement. The value of the business will be determined by expert valuation methods and will take into account a range of factors, including the nature of the business, its size, turnover and profitability.

It is important to remember that the value of a business can fluctuate and so it is wise to get an up-to-date valuation before starting divorce proceedings. If you cannot agree on the value of the business with your ex-partner, you may need to ask the court to appoint a valuer.

Disputing the valuation of a business

If you’re going through a divorce in England, one of the first things you’ll need to do is value your business. This can be a complex and disputed process, so it’s important to get professional help.

There are a few different ways to value a business, but the most common is to use its market value. This is the price that someone would pay for your business if they were buying it on the open market. To calculate this, you’ll need to consider things like your turnover, profit margins, and the value of any assets.

Once you have a market value for your business, you and your ex-partner can start negotiating how to divide it. If you can’t agree on a fair split, you can take your dispute to court. The court will appoint an independent expert to valued your business and make a decision on how it should be divided.

If you’re going through a divorce in England, valuing your business can be complex and disputed process, so it’s important to get professional help.

Can my spouse claim half my limited company?

If you are considering divorce and you own a limited company, you may be wondering if your spouse can claim half the business. The answer is maybe. It depends on several factors, including whether the business is considered marital property, how much your spouse contributed to the business, and whether there is a prenuptial agreement in place.

If the business is considered marital property, then your spouse may be entitled to half of its value. This will be determined by looking at factors such as when the business was started, how it was funded, and whether you or your spouse made contributions to its growth. If your spouse can prove that they contributed to the business, they may be able to claim half of its value.

Even if the business is not considered marital property, your spouse may still be entitled to a portion of its value if they can prove that they contributed to its growth or development. For example, if your spouse helped with marketing or accounting, they may be able to claim a portion of the business’s value.

If you have a prenuptial agreement in place, it may state what would happen to the business in the event of a divorce. If so, this will likely determine whether or not your spouse can claim half of its value. If you don’t have a prenuptial agreement, the court will decide what happens to the business based on all of the relevant factors mentioned above.

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Will my company have to be sold as part of my divorce?

No, your company does not have to be sold as part of your divorce. However, the court can make an order for the sale of your company if it is deemed necessary in order to meet the needs of both parties. For example, if one party needs money to buy a new home and the other party can afford to pay this amount, then the court may order the sale of the company.

How to protect your limited company in a divorce

If you are a shareholder in a limited company and going through a divorce, there are several things you can do to protect your interests in the company.

Firstly, make sure you keep up to date with the financial affairs of the company. This way you will be able to see if there are any changes in ownership or control of the company that could affect your shareholding.

Secondly, if you have a pre-nuptial agreement or shareholders’ agreement in place, make sure you review these documents to ensure they still protect your interests in the event of a divorce.

Finally, speak to your lawyer about how best to protect your interests in the company in light of your divorce. They will be able to advise you on steps you can take to safeguard your position.

What to do if your business partner is getting a divorce

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If your business partner is getting a divorce, there are a few things you can do to protect your interests and ensure the smooth running of your business.

Firstly, it is important to have a clear understanding of the ownership structure of your business. If your business is held jointly by you and your partner, then you will both need to agree on what happens to the business in the event of a divorce. If there is no agreement in place, the court will make a decision on how to divide the assets of the business, which may not be ideal for either party.

Secondly, you should consider putting together a pre-nuptial agreement or post-nuptial agreement which sets out how you would like your business to be treated in the event of a divorce. This can help to avoid any nasty surprises further down the line and can give both parties some peace of mind.

Finally, it is important to keep communication lines open with your partner during their divorce proceedings. This can be difficult if there are acrimonious feelings between the two of you, but it is essential for the smooth running of your business. Try to reach an amicable agreement with your partner regarding the future of your business so that you can continue to work together effectively.

Get in touch with our divorce solicitors today

If you’re considering a divorce, or have already decided to go ahead with one, our divorce solicitors can help. We understand that going through a divorce can be a difficult and emotional time, so we’ll do everything we can to make the process as smooth and stress-free as possible.

We offer a free initial consultation, during which we’ll assess your individual circumstances and give you advice on the best course of action. We’ll also let you know what to expect from the divorce process, and how much it is likely to cost.

To arrange a free consultation, please contact us today or fill in our online enquiry form.

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We know that getting a divorce divides your world into two. We're here to guide you through the uncertainty and emotional rollercoaster. One step at a time.

First Class Service

Choose Austin Kemp and you'll get a premium service in all areas. We aren't the cheapest out there, but what we are is the best solution to help you get what you deserve.

Impeccable Advice

Our advice and strategy is second to none. Not all law firms are created equal. Because we're specialists, our depth of knowledge is often the edge that makes the difference.

Challenging Thinking

We work with you to get what you deserve. We don't mean that it's going to be easy – but we're here to support you every part of the journey.

Industry Leading Professionals

We have A-players at every level. We employ the best of the best, and that's why our clients choose us. Because getting the right solicitor can mean your future takes a different path.

The Right Fit

We'll make sure you have a solicitor that fits your case type. If you want a certain approach to your case – we'll make sure your solicitor has the right style for you.

Empathy

We know that getting a divorce divides your world into two. We're here to guide you through the uncertainty and emotional rollercoaster. One step at a time.

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Austin Kemp handled my divorce efficiently and pleasantly, with a consistent contact person, making it all convenient online. Their straightforward online payment system was a necessary evil, but I'd use them again if needed.

Referred by an online service, I chose Austin Kemp for divorce and financial settlement with my ex-wife. Emma's assistance was invaluable; I paid for a guidance check on the consent order before submission. Court process went smoothly, and I'm content with the outcome.

Throughout the process, Emma guided me, addressing any issues promptly. No complaints—consent and pension sharing orders approved swiftly after submission, indicating accurate document preparation.

Austin Kemp's team deserves only praise. Highly knowledgeable and passionate about client support, they saved the day. Tenacious advocates, they stood by me till the end. I highly recommend them—no need to take chances with other firms!

Alex Clarke, 'The Saviour,' actively handled my case, ensuring clear communication and understanding throughout. He promptly responded to calls and emails, investing time even before any formal agreement. His integrity convinced me he was the right choice to represent me. When it comes to issues concerning children, contact Alex Clarke—'The Saviour.'

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