What Happens To A Family Business When The Owner’s Marriage Breaks Down?
Tuesday, November 4th, 2008According to the Institute of Family Businesses, about 65% of the UK’s 4.5 million private-sector businesses are a family-run enterprise.
The law has to consider statutory guidelines including the current income, earning capacity, property and other financial resources of a husband and wife, and what those circumstances will be in the foreseeable future.
Family businesses are treated as assets in the context of divorce. When it comes to negotiating a financial settlement, the value of the business or business interest needs to be ascertained, normally with expert assistance, so that the value can be factored into the financial settlement.
If the valuation of a partnership interest or shareholding is a relatively significant proportion of the overall valuation of the assets owned by the parties, it may be necessary for value to be realised from the business. It may either be appropriate for a partner or shareholder to divest a proportion of their interest or to release funds from the business.
The ability of a partner to extract funds from their business will depend upon the provisions of the partnership agreement. It may be necessary for a partnership to be dissolved and “replaced” by a new partnership with different partnership shares. The ability of a shareholder to realise value through the transfer of a proportion of their shares will be dependent upon the provisions of the article of association.
Obtaining prompt and expert legal and accountancy advice from trusted solicitors is essential when considering the potential ways in which funds may be raised by the business, and its vital that the potential tax effects are taken into account.
