LegalBusinesses on divorce: Getting divorced when you work with your husband or...

Businesses on divorce: Getting divorced when you work with your husband or wife

Understanding your rights and obligations if you work for or hold a directorship in
your spouse’s company is crucial during separation and divorce.

Nichola Bright, a partner in the Family Law Team at Myerson Solicitors (pictured) has this guidance:

I work for my spouse’s company – what are my rights on separation?

As an employee of your spouse’s company, you may have employment rights regardless of marital status. If you have been employed for at least two years, you may have protections against unfair dismissal.

It is essential to seek legal advice promptly to safeguard your position and income, before the divorce is finalised. Your spouse cannot terminate your employment because of the divorce. If you have been forced out because of the divorce, you may have a constructive dismissal claim.

I am a director of my spouse’s company but have no role in the business

If you are a director without an active role in the company, you still have responsibilities under the Companies Act 2006. Seeking legal advice early ensures compliance with your duties and safeguards against potential liabilities arising from decisions made without your involvement. Reviewing company decisions made during your absence from active participation is crucial to ensure they were properly executed.

Can my spouse terminate me as a director of their company during our divorce?

Depending on their shareholding, your spouse may have the right to terminate your directorship legally. Understanding the procedures for the lawful removal of a director is essential. Unreasonable termination could lead to claims such as unfair prejudice. Early legal advice is vital to protect your interests.

I am a shareholder of my spouse’s company. Can my spouse remove me now that we are separated?

As a shareholder in your spouse’s company, you will need to consider the implications of remaining a shareholder after divorce. Reviewing the company’s articles of association is crucial to understanding how shares can be transferred or sold.

If you have not been involved in running the company, it may be sensible for you to step away from the company, or it may be agreed that you will remain a shareholder, but without voting rights.

Tax consideration must be given to any intended transfer or sale of shares on divorce. Whether it is appropriate to remain as a shareholder will depend on the circumstances of your case.

Can I receive shares in my spouse’s company if I’m not a shareholder?

The Family Court can order the transfer of shares during divorce proceedings, depending on your specific circumstances and the business’s future viability. Considerations include the rights attached to transferred shares, such as voting rights and entitlement to income from dividends.

We are divorcing but wish to remain in business

Deciding to continue business together post-divorce involves assessing risks and implementing legal protections. Amending company documents, like articles of association and shareholder agreements, is critical to clarify roles, decision-making processes, and safeguards against deadlock situations. Ensuring formalised entitlements through directors’ service contracts protects your employment rights.

Choosing to remain in business together after divorce requires comprehensive legal advice to protect both parties’ interests and mitigate potential conflicts that could impact business operations.

Speak to the Family Lawyers at Myerson Solicitors for more guidance.

Helen Greaney
Helen Greaney
I'm a journalist with more than 18 years' experience on local, regional and national newspapers, as well as PR and digital marketing. Crime and the courts is my specialist area but I'm also keen to hear your stories concerning Manchester and the greater North West region.
Latest

Sanctuary Students Supports International Students Looking for Accommodation in Manchester

Manchester continues to attract large numbers of international students each year, thanks to its renowned universities and vibrant global student community. Of the city’s...

5 Signs your commodities pricing strategy needs an upgrade

In the volatile world of commodities trading, pricing strategy makes the difference between profitability and losses. Yet many organisations cling to outdated approaches that...

Top 10 best UK SEO agencies for small business in 2026

If you are looking for the 'absolute best UK SEO agency for a small business' right now, the short answer is Breakline. They have...

Fake ‘luxury’ goods worth £3 million found in trading standards raid

More than 5,000 fake luxury goods worth £3.1 million have been uncovered in Bury by trading standards officers. The huge haul was discovered in raids...
Subscribe to our newsletter
Business Manchester will use the information you provide on this form to be in touch with you and to provide updates and marketing.
Don't miss

Sanctuary Students Supports International Students Looking for Accommodation in Manchester

Manchester continues to attract large numbers of international students each year, thanks to its renowned universities and vibrant global student community. Of the city’s...

Mum’s the word… thank her with a lovely gift this Mother’s Day

Mums are brilliant… and also brilliantly awkward to buy for. Ask them what they want for Mother’s Day and you’ll usually get something like “Oh,...

Top Press Release Distribution Services for Businesses in 2026

In today’s digital economy, online visibility plays a major role in determining business success. Selecting the right press release distribution and digital PR provider...

‘Home Office 2.0’ Takes Shape as UK Homeowners Adapt Open-plan Homes for Hybrid Work

Changing commuting habits are influencing how homeowners redesign interior spaces Designers report increasing interest in ‘broken-plan’ layouts that support flexible working Demand for...

More News

Bounce Back loans confusion cleared up, thanks to Parker Walsh

AN INSOLVENCY expert has cleared up confusion over Bounce Back loans so businesses avoid finding themselves in ‘hot water’. The Bounce Back Loan Scheme was...

Craig Cornick Cleared of Hacking Charge in Long-Running ICO Case

A Manchester businessman has been found not guilty of computer hacking, following a lengthy investigation and prosecution brought by the Information Commissioner’s Office (ICO). Craig...

Ai Law Honoured as 2025 Legal Team of the Year at National Property Awards

Ai Law is delighted to announce its latest accolade—being named “Legal Team of the Year” at the 2025 Sunday Express Construction and Property Awards....