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

Five years of creative growth and success for BWS celebrated

BWS is celebrating its fifth anniversary after five years of standout creative work, strong business growth and an expanding reputation across animation, film and digital...

Tony Bellew and Charlie Parsons launch ‘Fight Your Corner’ podcast

Former WBC Cruiserweight champion Tony Bellew and content creator Charlie Parsons have joined forces for Fight Your Corner, a weekly show built around fiery...

High Earners in the UK Turn to Pensions to Offset Rising Tax Burdens

For many high-earning professionals and business owners, climbing income brackets can result in a heavier tax burden and reduced net earnings. Pension contributions remain...

I’m an eye surgeon – here are the reasons you shouldn’t delay an eye test

Brits are being urged not to neglect routine vision tests as a leading eye surgeon warns that many serious problems develop “silently”. Ms Masara Laginaf,...
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

I’m an eye surgeon – here are the reasons you shouldn’t delay an eye test

Brits are being urged not to neglect routine vision tests as a leading eye surgeon warns that many serious problems develop “silently”. Ms Masara Laginaf,...

High Earners in the UK Turn to Pensions to Offset Rising Tax Burdens

For many high-earning professionals and business owners, climbing income brackets can result in a heavier tax burden and reduced net earnings. Pension contributions remain...

Tony Bellew and Charlie Parsons launch ‘Fight Your Corner’ podcast

Former WBC Cruiserweight champion Tony Bellew and content creator Charlie Parsons have joined forces for Fight Your Corner, a weekly show built around fiery...

Camp Digital expands ‘Rising Stars’ programme to widen access to the UK’s digital sector

A Manchester-based digital conference is expanding its funded ticket scheme aimed at students, career switchers and early-career professionals, as concerns grow over access and...

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....