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

PR Fire Streamlined UK and US Press Release Distribution for Global Media Reach

Businesses looking to gain attention from journalists in both the UK and the United States often struggle to find a single platform that effectively...

Why Creative Judgment Now Matters More Than AI Access

WANDSWORTH, London. June 10th, 2026 - BearJam is highlighting how storytelling ability, aesthetic judgment, and human direction are becoming the key factors that separate...

Brighton Residents Increasingly Opt for Expert TV Wall Mounting as Home Entertainment Expands

As modern televisions continue to grow in size and become a focal design feature in living rooms, many homeowners in Brighton are now relying...

MotorDesk Rolls Out Latest Platform Enhancements for Independent Dealers

MotorDesk has launched its most recent set of platform improvements for May 2026, aimed at helping independent motor dealers work more efficiently. The update...
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

How reading at an early age can grow your children into smarter adults

Encouraging your child to start reading at an early age means introducing them to creativity and imagination. It’s the period when young children’s brains are...

Why UK entrepreneurs fly to Europe and back in a day

For a growing number of UK entrepreneurs, Europe is becoming a day trip. Founders are increasingly flying out in the morning, holding meetings in...

Manchester charity helping people with rare genetic condition to receive key donation

A total of £1,548 has been raised to support a vital health charity in Greater Manchester. Worsley-based charity Cure Usher Syndrome will receive the contribution...

Setting up your Manchester start-up for success

Manchester has never been a more compelling place to build a business. With a thriving digital economy, a growing investment scene, and a talent pool...

More News

Fewer People Are Claiming Compensation Despite Rising Injury Concerns, Says Mooneerams Solicitors

CARDIFF, UK. June 3rd, 2026 - Personal injury claims have fallen dramatically over recent years, despite large numbers of people continuing to suffer injuries caused...

Manchester director’s guide to the first 7 days after receiving a winding-up petition

For Manchester company directors facing a winding-up petition for the first time, few documents carry greater legal and commercial significance. Yet despite the seriousness...

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...