9.7 C
Manchester
Wednesday, October 22, 2025
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

Quooker UK opens Manchester HQ following £5.5M investment to drive five-year growth plan

Quooker UK has officially unveiled its new purpose-built headquarters with experience centre in the heart of Manchester, marking a major milestone in the brand’s...

The benefits of accepting multiple currencies in your online store

In the ecommerce industry, you must always be looking for ways to modernise your store, provide the best experience for customers, and stand out from...

10 Reasons to visit Arighi Bianchi this Autumn

If you’re looking to make your space extra cosy and stylish this season, a visit to Arighi Bianchi in Macclesfield is a must. Plus the furniture and...

Key qualities of ‘the best’ IB school in Singapore

The International Baccalaureate (IB) Programme is a globally recognised educational framework designed to develop students who are intellectually curious and well-prepared for future challenges. Unlike...
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

UK accountants reveal fine line between business and pleasure in new survey

A new survey by Cloud2Me at Accountex North uncovers the bizarre side of business expenses, from wedding dresses and boob jobs to £42,000 football...

The benefits of accepting multiple currencies in your online store

In the ecommerce industry, you must always be looking for ways to modernise your store, provide the best experience for customers, and stand out from...

How industries are transforming hygiene and waste management practices

Hygiene and waste management have been an important part of keeping workspaces well-maintained across various industries. After all, clean environments are critical when it...

The role of omnichannel communication in strengthening service delivery for critical infrastructure

Critical infrastructure systems support essential services such as power, water, transport, and healthcare. Because these sectors are interconnected, reliable communication is vital for smooth...

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....