Dividing business assets in separation and divorce.

Under UK family law, a business is firmly classified as a financial resource and a potential matrimonial asset.

Call us now

Contact us today

Businesses can be considered a matrimonial asset that can be divided during separation.

Under UK family law, a business is firmly classified as a financial resource and therefore a potential matrimonial asset.

Navigating how a court evaluates and handles it requires a deep understanding of both family law principles and corporate structures. Our specialist family lawyers can guide you through this complex legal landscape.

We understand that when a marriage or civil partnership breaks down and a commercial enterprise is involved the stakes can feel very high. For those that have worked hard to create it, a business is not merely a source of income; there is often an emotional element, and it may represent years of dedication, personal sacrifice, and pride.

There may also be third parties involved in its ownership who may feel entitled to a say in how business assets and ownership structures are reallocated, or how this impacts them.

We can navigate your business hurdles

Achieving a fair settlement where a business is involved means navigating some tricky issues.  Our aim is to protect the viability and continuity of a business, as well as your interests within it:

  • Valuation and Discounts

    The court will require an accurate business valuation. We work with accountants to look beyond simple balance sheets to assess the true value of your business interest by reference to the market. If you hold a minority shareholding, a discount can be argued to reflect your lack of control and the limited marketability of those shares.

  • Liquidity Assessments

    A company may be worth millions on paper but possess very little cash. Family courts generally try to avoid dismantling a trading business, recognising that it provides the income stream keeping both parties afloat. The issue of liquidity needs to be explored to determine how much capital can safely be extracted without disrupting operations.

  • Tax Planning

    Transferring shares or extracting capital can trigger serious tax implications, such as Capital Gains Tax (CGT). An expert family lawyer ensures that any proposed settlement is structured to optimise available reliefs, preventing unexpected tax penalties from eroding your settlement.

Every business structure, whether a sole tradership, a partnership, or a limited company comes with distinct legal obligations, shareholder agreements, and articles of association.

At RWK Goodman we negotiate creative and robust alternative settlement structures. These often include offsetting the non-owner spouse’s business claim against other marital assets (like the family home or pensions), organising structured corporate buy-outs, or arranging staggered lump-sum payments over time.

Call our divorce specialists now

Our services

Other family law services

Discover our range of specialist services for you and your family.

Children Disputes

There is no negotiation more difficult than those surrounding children. We can help separating parents put their children’s needs first, achieving the best result for you and your children, quickly and sensitively.

Surrogacy lawyers

Surrogacy presents a remarkable opportunity for those seeking to grow or expand their families, yet it often involves navigating intricate legal complexities in a dynamic and evolving field.

Injunctions and emergency remedies

On some occasions the best way to protect yourself or your loved ones against unwanted access to your information or finances is to apply for an injunction. Our team are well placed to issue court proceedings in an emergency.

International divorce & financial disputes

In the event of a relationship breakdown, complications may arise due to the differences in family law between two or more countries. Those issues may involve cross jurisdictional divorces, financial settlements, and the international movement of children.

Domestic abuse solicitors

If you find yourself in an abusive relationship it can be extremely hard to find a way out. If you or a member of your family are a victim of domestic abuse it is important that you contact our team today.

Funding a family law case

Concerns about money can result in nothing being done, which in the long term can become more costly. When there are issues to resolve within a family, concerns about how legal fees can be paid shouldn't stop you from ensuring peace of mind.
Meet the team

Meet our specialist divorce solicitors

Read more about Zoe Porter
Simon Bassett RWK Goodman

Simon Bassett

Partner | Head of Family London & Oxford
Read more about Simon Bassett
Jayne Martins RWK Goodman

Jayne Martins

Partner | Head of the Financial Remedies Team
Read more about Jayne Martins
Read more about Christina Cree
Read more about Catherine Morgan
Read more about Natalie Lemonides
Read more about Jon Toogood
Read more about Clizia Motterle
Family lawyers - RWK Goodman
Family law experts

Complexities in family law - thinking outside the box

Is it time that we all started thinking outside the box?

How can families in need of support continue to seek resolutions when so much is changing around them? Is it time that we all started thinking outside the box?

Think outside the box
Legal insights

Insight from our legal specialists

Discover our range of specialist services for you and your family.

View more articles related to Family