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Divorce dilemmas for directors 4 – Is the business an ‘asset of the marriage’?

11th December 2013

If you, or your spouse, are a company director and you are on the brink of a divorce, you may naturally be concerned about protecting your business assets.

Divorce lawyer, Susan Davies of Ansons Solicitors in Cannock, Staffordshire, helps you solve the many dilemmas you may face about your divorce and the future of the business and your assets.

The business can be treated as part of the assets of the marriage in divorce proceedings even if you owned the business before the marriage or your partner was not involved in the business. When considering the finances in a divorce, the court will look at both of your incomes, future earning potential, property, pension and other financial resources available.

The value of both of your respective interests in the business is relevant as it is usually necessary to determine the value of the business to establish the resources available to you. Often an interest in a business represents a significant proportion of the matrimonial assets, although this is not always the case.

For further advice, please contact Susan Davies in the family team, on 01543 431996 or email sdavies@ansonsllp.com. Ansons Solicitors has offices in Cannock and Lichfield, Staffordshire.