A legacy intact: a guide to safeguard a family business from divorce

Your lawyers since 1722

Written by Partner, Katie O’Callaghan the guide – A Legacy Intact: safeguarding your family business in the event of divorce, details the legal mechanisms that are available to family businesses to protect their assets and avoid them losing control in future. It covers pre- and post-nuptial agreements, using trusts and Family Investment Companies (‘FICs’) as vehicles for holding shares and corporate governance. These instruments can be employed to avoid the severe repercussions of divorce that in the worst case scenario can lead to the sale or transfer of shares, pensions and property. The guide highlights risks family businesses can face around loss of privacy, with the possibility of media access to financial proceedings and the measures that companies can consider to limit this exposure.


Download the full guide in PDF format

Family business and divorce: understand the risks, protect the legacy Family ownership brings advantages to businesses but also risks. Partner, Katie O'Callaghan explains how divorce can put the future of the business and its reputation in jeopardy. Read more So why is London the ‘divorce capital’ – and why does it matter for the owners of family businesses? London has a well-known reputation as the divorce capital of the world. Here, Partner Katie O’Callaghan explains why it’s crucial for family businesses to understand how it has gained this title Read more Why every family business should consider a ‘pre-nup-as-standard’ policy Family and Divorce Partner, Katie O'Callaghan reflects on why a pre-nuptial agreement is essential  for a family-owned business. Read more Family Business & Divorce: Understanding the employment considerations When a marriage at the heart of a family-owned business breaks down, the consequences can be far reaching, especially when one or both spouses have been working for the firm. Partner, Simon Gorham discusses how the long term impact on individuals and business can be minimised. Read more Family Business & Divorce: Integrating personal and business planning Where business and family overlap – communication is key and must be constant. Hayden Bailey highlights how wealth protection mechanisms cannot be signed off and forgotten – they must evolve with the individual, the family and the business and reflect major life events including marriage and divorce. Read more How family businesses can weather the emotional and financial storm of divorce proceedings In Today's Family Lawyer, Partner, Katie O'Callaghan details how family businesses can weather the emotional and financial storm of divorce proceedings to protect assets and avoid the loss of control in future. Read more View more

Find out more about our Family Business experts

We understand businesses inside and out, and we know the nuances can create problems, challenges and opportunities. We also understand that changes in dynamics – relationships changing, divorce, and family disputes – can have an unwanted impact on your business if not managed carefully.

Find out more.