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

Helen Greaney
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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.

Matthew Pennycook named housing minister

Helen Greaney
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Matthew Pennycook named housing minister

Matthew Pennycook has been appointed as the new housing minister.

Pennycook, who secured re-election as MP for Greenwich and Woolwich with a majority exceeding 18,000 votes, has been serving as shadow housing minister since 2021.

In his new role, he will report to Angela Rayner, who was confirmed as housing secretary – as well as deputy leader – on Friday.

He has been involved in housing policy having recently submitted dozens of amendments to the Renters (Reform) Bill.

Pennycook said: “It is a real honour to have been appointed Minister of State at the Department of Levelling Up, Housing and Communities (DLUHC).

“Tackling the housing crisis and boosting economic growth is integral to national renewal. Time to get to work.”

Nathan Emerson, CEO of Propertymark, said: “Housing must play a pivotal role for the government moving forwards and in real terms, delivering over 1,100 new homes every single working day for the next five years will take immense planning and enormous stakeholder engagement to achieve.

“The housing sector is crying out for a vastly increased supply to keep pace with demand, there simply can be no room for error moving forwards or we may end up with prices artificially rocketing due to consumer desperation in finding a suitable home for their needs.

“There must be a broad mix of sustainably built homes that brings much need stock to both buyers and renters. The plan must be delivered with precision and in a way that is connected with wider government planning to ensure key infrastructure is provisioned for as the population further grows.”

Nick Walkley, principal and UK president at Avison Young, said Labour’s housing delivery plan was bold with its target if 1.5 million new homes, with a focus on 90,000 affordable or social housing units each year.
He added: “To get land ready for building and boost affordable housing, Labour needs a revamped approach to capturing land value. This calls for collaboration among local authorities and stakeholders.
“Big housing projects take time, even when everyone’s on board. Labour wants to speed things up by streamlining how funding is approved, especially by involving private companies. They also plan to make compulsory purchase orders quicker and easier, so they can start building sooner. It’s a balancing act: Labour wants to solve the housing crisis fast, but large projects come with delays.”

Perry Jax, marketing director for Alesco, said for Labour to be successful with this housing policy, they must look at areas of tenant demand, which continues to outweigh supply, and focus on locations where demand and economic benefits go hand in hand – an approach echoed by think tank Centre for Cities.

He added: “While it’s important Labour develop a substantial number of affordable and social housing to replace what’s been sold off through the right-to-buy scheme, they must not neglect private landlords who play a vital role in keeping the market growing. A promise to not increase Capital Gains Tax is a good indicator, though an increase to stamp duty surcharge for non-UK residents could stifle the UK market’s global appeal.

“Opening up the newly formed ‘Grey belts’ and prioritising brownfield sites for new developments while promising to speed up the process to approval should start Labour off on a good course to deliver, providing they choose to stick to the pledges outlined in their election-winning manifesto.”

Wimbledon: Raducanu stands by ‘no-brainer’ decision to skip doubles with Murray

Alex Hoad
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Wimbledon: Raducanu stands by ‘no-brainer’ decision to skip doubles with Murray

Emma Raducanu says she stands by her decision to withdraw from the Mixed Doubles at Wimbledon, thereby denying Andy Murray a final appearance at SW19.

The 21-year-old agreed to play in the mixed doubles with the two-time champion after he was forced to withdraw from the singles after undergoing emergency back surgery the week before the event.

However on Saturday she withdrew from the competition citing stiffness in her wrist – which was surgically repaired last year – meaning Murray missed out on the chance of a final appearance at the All-England Club.

Speaking after losing her fourth round match in the singles to New Zealand qualifier Lulu Sun on Centre Court on Sunday evening, Raducanu told a media conference it was a ‘no brainer’ to prioritise her own singles campaign – one which she admitted had exceeded her expectations.

“I just woke up yesterday with a bit of stiff wrist,” she said. “With the balls being quite heavy in the grass, it’s just something that I have to manage.

“I’ve been playing on the grass for quite a few weeks now. I think I just had to prioritize my singles.”

‘I have to prioritize myself’

She claimed it had not been a mistake to accept Murray’s invitation to pair-up, adding: “I was feeling fine, then yesterday morning just woke up with stiffness. I have to prioritize myself, my singles and my body.

“I think it was the right decision. I stand by the decision. Obviously it was a tough decision, though, because it’s something that I’ve always wanted to do.

“Of course, I didn’t want to take his last match away from him. But at the end of the day I think a lot of the players in a similar situation would have done the same thing, prioritizing their body.

“I still stand by making the right call.”

The 2021 US Open Champion – now ranked 135 in the world after an injury-plagued past 18 months – says she hopes Murray will be able to compete at the Paris 2024 Olympics where he can expect another send-off.

She said: “(He was) obviously disappointed because it’s his last match. But what a champion. I think that hopefully he’ll play in the Olympics and have another farewell there.”

Raducanu said she was sure Judy Murray had not meant anything by her ‘sarcastic’ response to the news of her withdrawal, saying on social media that it was ‘astonishing.’

She added: “People are entitled to their opinions. Of course, there was a bit of a cloud around the decision.

“I don’t think I would have done it any other way. I think in this sport especially, as an individual, you have to make your own calls and prioritize yourself. Especially with my history, I just had to put myself first.

“Going into the tournament, I wasn’t expecting to make fourth round. So for me it was a no-brainer. I would have loved to have played (with him).”

Wimbledon: Raducanu beaten by qualifier in last-16

Alex Hoad
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Wimbledon: Raducanu beaten by qualifier in last-16

Emma Raducanu’s Wimbledon ended in ignominious fashion as she was dumped out in straight sets by New Zealand qualifier Lulu Sun.

The last Brit in either the men’s or women’s singles bowed out the day after she withdrew from the Mixed Doubles due to wrist stiffness, leading to Andy Murray’s Wimbledon career ending earlier than planned.

The left-handed Sun, ranked 123 in the world, proved a tricky proposition with a big serve and aggressive mindset which had already seen her beat China’s eighth-seed Zheng Qinwen in her first round tie.

The first Kiwi woman to make the fourth round at Wimbledon in the Open era will now face Croatia’s Donna Vekic, another first-time quarter-finalist, who beat beat Paula Badosa in three sets.

Script flipped for Raducanu

Raducanu – ranked 135 after an injury plagued 2023 which saw her have surgery on both wrists – won the US Open as a qualifier in 2021 but saw the script flipped at the All-England Club.

Sun raced into a dream 3-0 lead with a double break in the first set, with unforced errors from Raducanu not helping her cause, and it was only a Sun double-fault on break point got Raducanu on the board.

Raducanu thought she had held serve with an ace to go to 4-3 but hadn’t heard the beep for a let and had to return to court only to then be broken again.

Sun wrapped up the opening set 6-2 after a failed Raducanu challenge for a passing shot down the line which was called out – the first set the Brit had lost in SW19 this year.

Sun continued to play positively and attack the net at every opportunity but Raducanu managed to hold her serve in game one before Sun missed a volley at the net for a break in game three.

Sun saved two break points in game four as the lengthy rallies began to take their toll on the players and Raducanu saved a break point in the seventh game with a series of powerful shots to the baseline on her way to another hold and 4-3 lead.

She badly mishit a forehand long at 15-30 in the next game and Sun went on to hold but Raducanu held to 15 in the next game with Sun guilty of two enforced errors as the tension grew.

Raducanu held her nerve to go 6-5 ahead and then earned a set point as Sun missed a simple smash, but another powerful forehand from the lefty took it to deuce.

A Raducanu forehand missile up the line gave her another chance and Sun went long to see the game tied at one set all – her 22nd unforced error of the second set.

Raducanu slipped over at 15-30 down in the opening game, which required attention from the trainer.

She returned to the match with an ace but Sun rallied to break in the first game and then produced some powerful ground strokes to make it 2-0.

Raducanu dug deep to make it 4-2 but a blistering return of serve from Sun followed by a double-fault made it a double break and 5-2, which paved the way for a 6-2, 5-7, 6-2 win.

Centre Court debutant Sun told the crowd after her win: “It was a great match, Emma really dug deep. I had to fight tooth and nail against her. I am incredibly… I don’t even have the words.

“I am super happy to be able to play on this court – it’s such an amazing experience for me.

“Just watching Federer coming towards the net growing up, I watched Steffi Graf v Navratilova on YouTube. It was amazing to watch.”

Wimbledon: Alcaraz made to fight for quarter-final place

Alex Hoad
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Wimbledon: Alcaraz made to fight for quarter-final place

Carlos Alcaraz is into the Wimbledon quarter-final but was pushed all the way by 16th seed Ugo Humbert.

The 21-year-old defending champion turned on the style on his way to winning the opening set on Centre Court but the French No1 produced a gritty display to ensure the three which followed were far more nerve-wracking for the Spaniard – at one stage breaking his serve four games in a row.

After a slightly slow start Alcaraz eventually made light work of the opening set, unleashing a 107mph forehand across court on his way to winning the eighth game.

The third seed sealed a 6-3 win with a couple more big forehands and left-handed Humbert eventually netted a backhand to seal it.

The second set was far closer with Humbert serving well and returning aggressively and Alcarez saved four break points in the fifth game of the second set.

He then pinched the second set against the odds, producing a neat drop-shot to force deuce at 5-4 up and then earning a break point, and set point.

Humbert was in full control of the final point, having Alcaraz sliding onto his backside beyond the baseline at one stage, but just could not kill it off and eventually sent a routine volley at the net long to surrender the second set 6-4 and spark wild celebrations from the Spaniard.

The Frenchman did not allow his head to drop and won six straight games in the third set with a triple break of serve, to take it 6-1.

Alcaraz broke to start the fourth set but Humbert replied in the very next game to level the scores, only for Alcaraz to make it three straight breaks to take charge.

Humbert replied in the sixth game off the back of some more aggressive early returns – breaking the Spaniard for the fifth time in six matches.

Alcarez eventually produced the crucial break in the 11th game of the set and saw the match out for a 6-3, 6-4, 1-6, 7-5 win to go into the last eight.

Alcaraz admitted after the match: “Playing lefties is always tricky, no matter the surface. I played my first leftie at Queen’s so I learnt a little bit from that. I felt great playing today, I think I played a really high level and playing a leftie I tried not to think about it and just played my own game.”

Formula 1: Vintage Hamilton seals stunning Silverstone win

Alex Hoad
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Formula 1: Vintage Hamilton seals stunning Silverstone win

Lewis Hamilton produced a vintage performance to win a British Grand Prix for the ages.

The 39-year-old ended a 945 day wait for a Formula One win in style, making light of a couple of downpours at Silverstone to land his 104th career victory in his 344th GP.

It was the Mercedes driver’s ninth win on his home track and came 16 years and one day after claiming his first GP win on home soil.

The seven-time World Champion has now won more GP on one track than any other driver in history and became the sixth different race winner this season, building enough of a cushion to hold off the fast-finishing Red Bull of Max Verstappen in the closing stages.

The McLarens of Lando Norris and Oscar Piastri finished third and fourth, having occupied first and second at one point in the first of two rain showers at Silverstone.

The hopes of three Brits on the podium had been dashed when the Mercedes of George Russell was forced to retire from first place on lap 35 as his car suffered a drop in water pressure – his second retirement in his home GP.

Lando Norris saw second-place taken by the storming Verstappen on lap 49, giving the Dutchman four laps to close a three-second gap to Hamilton, a feat which proved impossible.

Hamilton had last tasted victory in Saudi Arabia in December 2021.

After bursting into tears on his victory lap, a jubilant Hamilton told Sky Sports: “This is my last race here with this team. I wanted to win it for them.

“I could see (the home fans) lap by lap coming round. There is no greater feeling than coming out on top here.”

Hamilton admitted going so long without a win has been ‘so tough’ but added: “The important thing is you continue to dig deep when you feel like you are at the bottom of the barrel. There have been days since 2021 when I didn’t think I’d get back to where I am today.”

Wimbledon 2024: Djokovic closing in on full fitness ahead of week two

Mitch Fretton
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Wimbledon 2024: Djokovic closing in on full fitness ahead of week two

Novak Djokovic says he is closing in on full fitness after booking his place in the fourth round of Wimbledon.

The Serbian beat Alexei Popyrin from a set down to guarantee he continues on to the second week at the All England Club.

Read our other sports news stories: 
Raducanu pulls out of mixed doubles, meaning the end for Murray at Wimbledon
England edged out by New Zealand in first-Test thriller
Andy Murray’s farewell begins with doubles defeat alongside brother Jamie

It was a 4-6 6-3 6-4 7-6 win against the Australian, who proved more than a match for the decorated tennis icon.

Play was briefly paused as news filtered into the grounds that England had won their Euro 2024 quarter-final against Switzerland, but Djokovic did not seem to mind as he mimicked scoring his own goal on the court.

And he had to dig deep himself, beating the man he shared a four-set thriller with at the Australian Open earlier in the year.

Set four was decided by a tie-breaker that did not quite reach the heights of Cameron Norrie’s against Alexander Zverev earlier in the day, but it still required the World No.2 to dig deep.

BUt as usual, he hit a different level and admitted after the match he is closing in on a return to full fitness after struggling with an issue in his right leg.

He said: “I think each match it’s getting better. My feeling of movement, confidence particularly extreme balls, reaching, sliding.

“I definitely got better today than in my second match.

“Hopefully the direction or trajectory will keep going in a positive way. Let’s see what happens in the next one.

“It was another tough match. I didn’t expect anything less than what we experienced on the court today from Alexei.

“I know he was going to come to the match with confidence, a lot of self-belief. He was close to winning [when we played] in Australia earlier this year.

“With that serve and powerful forehand, he’s dangerous on any surface.

“I knew he was in form and he was going to come out believing he can win. He was the better player in the first set.

“I think I played a good second and third and the fourth was anybody’s game. He was serving very well. It was very difficult to read his serve.”

On the England interruption, he added: “I assumed it was a penalty shootout between England and Switzerland – it felt like for a set and a half the crowd really wanted to understand what the score is in the football match.

“Did England win in the end? That’s why you guys stayed. Congrats to England.

“I tried to shoot a penalty, I’m left-footed, but Alexei defended it well.”

Djokovic will face 15th seed Holger Rune, who beat Quentin Halys.

Wimbledon 2024: Norrie crashes out to end British run in men’s singles

Mitch Fretton
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Wimbledon 2024: Norrie crashes out to end British run in men’s singles

Cameron Norrie crashed out of Wimbledon to end Britain’s interest in the men’s singles.

The 28-year-old was beaten 6-4, 6-4, 7-6 by German fourth seed Alexander Zverev.

Read our other sports news stories: 
Raducanu pulls out of mixed doubles, meaning the end for Murray at Wimbledon
England edged out by New Zealand in first-Test thriller
Andy Murray’s farewell begins with doubles defeat alongside brother Jamie

Zverev had never made it past the last 16 at the tournament and had to battle hard for his place beyond the fourth round after seemingly injuring his knee in the second set.

The 27-year-old clinched the third set after an incredible tie-break that saw the German triumph 17-15.

Zverev spotted Manchester City head coach Pep Guardiola in the crowd and addressed him after the match, saying: “We had so many great guests today. For me, football legend with Pep Guardiola.

“When I saw Pep, I got so nervous for a few games there so thanks a lot for coming it’s a great privilege, great honour to play.

“And by the way, last thing. Bayern Munich needs a coach man. And if you’re tired of football you can coach me on the tennis court any time.”

Guardiola waved away the offer, but continued to smile down at the players on the court.

Norrie will be disappointed to have gone out having overcome the top British seed Jack Draper in the third round.

Alongside him, Harriet Dart exited Wimbledon, meaning any hopes of a Brit winning any silverware at the All England Club lies with Emma Raducanu.

The 21-year-old pulled out of the mixed doubles with Andy Murray earlier in the day due to a sore wrist but is expected to power on in the singles.

Radacanu pulls out of mixed doubles, meaning the end for Murray at Wimbledon

Jon Fisher
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Radacanu pulls out of mixed doubles, meaning the end for Murray at Wimbledon

Andy Murray has played his last match at Wimbledon after Emma Radacanu was forced to pull out of the mixed doubles due to a wrist injury.

Murray and Radacanu were scheduled to play this afternoon against Marcelo Arevalo and Zhang Shuai on Court One but that will not now go ahead.

Radacanu is still in the women’s singles having beaten Maria Sakkari yesterday to cruise into the third round and is likely to play her next match tomorrow. She said: “Unfortunately I woke up with some stiffness in my right wrist, so therefore I have decided to make the very tough decision to withdraw from the mixed doubles tonight.

“I’m disappointed as I was really looking forward to playing with Andy but got to take care.”

The news spells the end for Murray at Wimbledon – and a wonderful chapter in the history of British tennis. The 37-year-old won the trophy twice, ending a 77-year wait for a British winner of the men’s event in 2013.

Having pulled out of the men’s singles after having an operation to remove a cyst close to his spinal cord, Murray played with his brother Jamie in the men’s doubles on Thursday, losing in straight sets to Australian pair John Peers and Rinky Hijikata.

A post-match ceremony which saw him interviewed by the BBC’s Sue Barker – with legends of the game joining them on Centre Court – prompted tears from the former world number one.

Murray still hopes to play at the Paris Olympics having been named in the Great Britain squad.

England edged out by New Zealand in first-Test thriller

Jon Fisher
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England edged out by New Zealand in first-Test thriller

England fell agonisingly short of a first win in New Zealand for 21 years after fly-half Damian McKenzie kicked the hosts to a 16-15 win in Dunedin.

Sevu Reece and Ardie Savea went over in the first half for the All Blacks but a Maro Itoje try and a Marcus Smith penalty levelled matters at half-time.

Immanuel Feyi-Waboso then put England in front but Smith missed two straightforward penalties which enabled McKenzie to kick New Zealand to a hard-fought win.

England captain Jamie George told Sky Sports: “I’m incredibly proud of the way we attacked. Not many teams come to New Zealand and do that.

“Scrum and breakdown are two areas we need look at and we’ll do a lot of work to make sure we’re better next week.

“We wanted to make people at home proud and I think we did that tonight. It was a match decided by very fine margins.

“We’ve got to learn fast and will prepare as best we can. There’ll be a few sore bodies but it will be a really exciting week for us.” 

The result will come as a relief for new All Blacks coach Scott Robertson, who was able to enjoy his first game in charge.

Robertson said: “It was a hell of an arm wrestle. We didn’t get our kick-game right. It was a bit of a grind but we got there.

“The scrum was immense and won a couple of vital penalties.

“That’s our first hit of the year and we’re on a pretty steep learning curve so it’s good to start with a win.

“We’ve tried to keep it simple but we didn’t quite deal with their line speed so we learned a lot there for next week.”

The two-match series now heads to Eden Park in Auckland for the second Test next Saturday. 

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