There are many preconceptions surrounding business interests/companies and divorce settlements. The most frequent of these is the idea that the Courts will disregard the business when considering a settlement. TThe Courts do not disregard business interests and companies when it comes to divorce settlements. Whilst the Courts are loath to interfere with the smooth running of a business or change its ownership the business will, if material, form a key focus of the proceedings both in terms of its value and the income that it produces.
To properly advise clients, it is necessary to understand how the business is owned, what it is worth, what income it has provided and can provide in the future, for purposes of assessing the appropriate level of maintenance.