Who gets the family business in a divorce? - Marcia Mediation

At first glance, the words amicable and divorce feel like they shouldn’t go together. After all, divorce usually carries negative connotations like conflict and emotional stress. But the truth is that divorce can be a pleasant, collaborative, and a...

Separation – whether you are married or not – is rarely as simple as one party just walking out. The more finances and assets you share, the more complicated it becomes.

As experienced financial mediators, we are here to help with every part of the process. From splitting up your savings to dividing a range of complex assets, we can keep discussions positive and productive to create a final agreement that suits everybody.

Divorce is rarely more complex than when you and your partner co-own a business, especially if the business and the income it generates make up a substantial portion of your settlement.

A business is, in principle, an asset just like the family home or car. But it can be worth significantly more, and the business itself may own multiple properties in the UK and overseas, fleet vehicles and other high-value assets.

Read about our family business mediation in depth here. 

Why family businesses complicate divorce

There are many ways running a family business can complicate a divorce.

Resolving these issues is not always governed by the same priorities.

For instance, both parties may be active in the business, or one may be a ‘silent’ shareholder or secretary added primarily for tax and accounting purposes.

You might be planning to wind up the business as part of the divorce, or you may want it to continue operating – either with both parties still involved, or with one buying out the other’s share.

There may also be other family members to consider, as employees, shareholders, or future inheritors.

A shared business can also complicate other areas of the divorce, for example each party’s entitlement to a share of the other’s company pension.

How can Family mediators help?

As expert divorce mediators, we are experienced at negotiating even the most complex and technical areas of a separation.

In the case of a family business, we can help you to choose an expert to place a fair value on your business. This is important, as it lets you know how much of your financial settlement depends on dividing the business.

From there, we can guide you through productive discussions with each other and your independent financial advisor to reach an innovative, realistic agreement that might not have been possible through the courts.

We can work on cases where there is an imbalance of power (i.e., one party is more senior in the business), where both parties are on a broadly equal footing as directors or shareholders, or in extended family businesses where additional relatives are involved.

Putting you first

Divorce mediators do not represent one party – we act in the best interests of everybody involved. We are there to facilitate productive discussions and to provide a clear framework within which to reach an agreement.

We are highly qualified family mediators, but our additional experience in workplace mediation means we are also aware of the professional disputes that can arise between directors.

It is about protecting your family’s interests. That means making the right decisions about the family business, but also ensuring that we do so in the full context of your broader financial mediation.

Together, we can ensure that your finances, assets, savings, pensions, and your career are all protected, allowing you to divorce and go your separate ways amicably and with greater confidence.

To learn more, please contact us today.

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