Divorce and company Assets – Will I get a fair settlement?
Published: December 30, 2021
Author: admin

It is that time of year again where many unhappy couples are forced together for the holidays. After sticking it out and staying together for the festive period, some may think is it now time to divorce? You may be nervous about whether you will receive a fair financial settlement if you are not aware of your spouse’s assets or if many of those assets are held within companies that you do not know much about. If this is the case, the separation of your assets may be a little complicated, however the way the Family Court and the Matrimonial Causes Act 1973 treat assets should enable the party without the assets to end up with a fair division.

Assets on Divorce

In reaching a decision on a financial settlement between a couple, the court will apply the factors set out in section 25 of the Matrimonial Causes Act 1973. The factors include such things as the age, and earning capacity of the parties, the contributions each have made whether financial or caring for children, the duration of the marriage, and the standard of living enjoyed during the marriage and the needs of a dependant party. In addition to this all assets held either legally or beneficially by the parties will be drawn into the matrimonial pot to be shared and this includes company assets.

What is a company asset?

What is a company asset? If your spouse holds shares in a company then they have the legal title to those shares. A Company is a separate legal entity and therefore not part of the marital pool of assets, it is the shares that become part of the pool. This means a party must declare their ownership of those shares as one of their assets. Both parties also need to declare all bank accounts, both their own or those held jointly, along with all property, pensions, and income. There is no getting around this for either party, everything must be disclosed; if a party does not give full and accurate disclosure, then it is possible that any order the court makes could later be set aside.

It may not be clear at first that your spouse is actually a shareholder. For start-up companies, this can be particularly confusing. You may know them as a CEO for example, but that would likely mean they are working under a Director’s Service Agreement, effectively an employment contract. If they have started the company then you would expect that they have a significant number of shares and the legal ownership of those shares. As each investment round proceeds, however, their shares may dilute as more investors are allotted shares as part of an investment round. If this happens before your division of assets is finalised it could significantly change your financial outcome. We would hope however that as the money is invested, that the value of the shares increases and so does your division of the marital pot, but that is not always the case and we would urge you to take advice early.

What about other businesses?

If your spouse runs a small business, known as a partnership then a ‘business’ could be either a company of which they are a 100% shareholder or they may be self-employed in a business which is not a company and therefore not a separate legal entity. This means that their share of the business (which may need to be valued) and associated bank accounts are most likely legally owned by your spouse directly. Again, there is a place for businesses, and their value to be set out in the ‘Form E’.

Does my Spouse have to declare their assets?

Each party in financial proceedings is required to give full disclosure of all their assets and could be in contempt of court if they do not declare their assets in full. There are opportunities to ask questions of the other side to obtain further information on what has been provided through Questionnaires within Financial Proceedings and more evidence can be requested if what is provided is not satisfactory.  Only reasonable questions can be put forward, therefore picking over several years ago will not be allowed, usually the Court will look at the asset within 2 years of proceedings being issued.

What can I do to find out what my spouse has?

Information about companies in the UK is available to the public on the Companies House website. There you can undertake a search under a company name or a person. This will show any appointments to other companies. Once you are looking at the relevant company it is possible to see a list of shareholders as all this information is available to the public for UK companies.  The site gives basic information.

Some international companies or option shares in a company may be more difficult to obtain information on, however, it is not impossible. For most regular UK companies you may be able to do some of the research yourself.

Make sure you give yourself the best chance at obtaining a fair settlement by taking legal advice early. Please contact our family team for more information.

Karen Holden

Founder and MD


Karen is the visionary founder of A City Law Firm, recognised globally and ranked by Chambers & Partners. She has years of legal expertise s in advising founders and businesses in all sectors , but particularly in cutting-edge sectors such as AI, blockchain, fintech, and autonomous technology.

Her firm stands at the forefront of innovation, providing bespoke legal solutions for businesses preparing for investment, navigating international expansions, and protecting intellectual property in rapidly evolving industries. Her idea to offer fixed fees and packages are born with her vision to offer accessible but bespoke legal services to everyone.

Director & Head of Commercial Team

Founder and MD


Jacqueline heads up our Corporate and Commercial Team, is a Director of the Firm and sits on the Management Team. She is a confident and skilled negotiator, achieves favourable results for her clients and is a seasoned innovator.

Jacqueline head up a specialist team of lawyers best placed to advise on new innovation. Whilst she oversees all work undertaken by her team, she also runs the more complex investment rounds and enjoys working with those looking to disrupt their marketplace or using new and innovative technologies. She has specialist experience in crypto-currency and block chain, where she runs a steering panel of experts in this field as well as giving expert commentary and talks. She has a passion and understanding of machine learning and AI and works closely with our clients in developing their IP, business and securing investment. She has an array of clients across a multitude of sectors and disciplines, each at varying stages of funding, expansion and exits.

PRESS, AWARDS, TESTIMONIALS, ARTICLES

Silenced by Fear: A Guide to Addressing Sexual Harassment from Those in Power

Introduction Sexual harassment can occur in many contexts, not just in the workplace. When the harasser is in a position of power—be it a manager, investor, joint venture partner, or any influential figure—it can create a climate of fear that discourages victims from...

From partners to rivals | Protecting your company using restrictive covenants

If a founder or shareholders or senior managers relationship sours, things can go wrong very quickly causing the company distraction and financial losses. This is compounded if on exit the departing individual seeks to poach clients or staff seeks to work with a...

Navigating Fashion’s Legal Landscape: Essential Guidance for Designers and Entrepreneurs

Introduction: Fashion Week is more than just runways and glamorous designs it's also a pivotal time for designers, entrepreneurs, and brands to reassess their legal strategies. As the fashion industry faces unique challenges heading into 2025, including new...

From Partners to Rivals: Protecting Your Company through restrictive covenants

Today, we’re tackling an issue that can make or break your business—restrictive covenants and their role in protecting your company during shareholder, director or staff disputes. We will touch on their importance, how these should be incorporated into your documents...

Protecting AI Innovations: Strategies and Guidelines – Part 2

As Artificial intelligence (AI) continues to evolve, its intersection with Intellectual Property (IP) law has become a crucial consideration for innovators. The UK Intellectual Property Office (IPO) has a set of detailed guidelines to evaluate if AI inventions are...

The Life of a Disruptive Lawyer: Innovating Legal Practice in Emerging Technologies ran by a Mum & Female Founder

In the staid and often stolid world of law, disruption is not a term often associated with the legal profession. Yet, at A City Law Firm , disruption is our modus operandi. From pioneering payment plans to engaging with cutting-edge technology, we have redefined what...

Protecting AI Innovations: Strategies and Guidelines – Part 1

As Artificial intelligence (AI) continues to evolve, its intersection with Intellectual Property (IP) law has become a crucial consideration for innovators. The UK Intellectual Property Office (IPO) has a set of detailed guidelines to evaluate if AI inventions are...

Tackling workplace toxicity

In today’s interconnected work environment, whether through face-to-face interactions, virtual meetings on Teams, or other communication platforms, issues such as derogatory comments, bad-mouthing employers and management, bullying and discrimination are prevalent....

Navigating the metaverse | Potential challenges for employers and employees in the UK

With the rapid advancement of technology, the concept of the metaverse is no longer confined to the realm of science fiction it is here. As virtual reality, augmented reality, and other immersive technologies converge, the metaverse is becoming increasingly tangible....

IP Licenses: When do you need one and what are the essential terms it must have?

As technology lawyers working in emerging technology, our biggest value is protecting and commercialising the founders IP The why ? In the fast-paced world of intellectual property (IP), safeguarding your creations is paramount. Whether you’re an inventor, artist, or...