Dealing with Divorce and the Family Business

Here at Lees, we have been dealing with divorce for the last 40 years and between us we have over 75 years’ experience dealing with divorce and family businesses.

Family businesses, or businesses that one party holds a significant shareholding in, are often discussed as part of divorce and finance proceedings. It is very important that the right legal advice is sought whenever a business is involved in a settlement.

In order for Lees to provide you with specialist tailored advice, we would need full disclosure regarding the business.  Information such as how it came to be, how long the business has been trading and profits.  In some instances we may need to get a formal valuation of the business.

The business will be need to be discussed so we understand how much time and hard work goes into running a business.  That is why we offer a specialist service to make sure the division of the business interests are reasonable and fair.

The main questions we are faced with are;

  1. Will the business need to be sold?
  2. Can I still obtain a clean break order?

It is often difficult to reach a settlement when funds are tied up within a business and therefore a clean break order is more difficult to achieve in certain cases.  In the past, Courts tended to be reluctant to break up a business in order to give the other spouse their share, however this attitude is changing.  An important point to consider is the value of the business, and if both spouses cannot agree on this, then a formal valuation may need to be sought.  This can be achieved by a joint instruction to an independent expert.  Further to this, the accounts for the company will also need to be considered by either the company accountant, or an independent expert.

If the business does need to be sold, then it is important to consider how and when and to give the spouse every opportunity to raise funds to buy out the other person’s share, if at all possible, as an alternative. There is no standard answers that we can give you as each case is different and assessed on the merits alone and therefore it is important you seek the right legal advice.

In some circumstances, however, it not appropriate to sell the business and this is dependent on many factors, such as value, nature of the business, how it was set up and the details of the business.  Each case is very individual and therefore it is important that you know your options from the beginning.

How we can help you

Here at Lees, we will always act in your best interests to achieve a settlement throughout the process.  From the first meeting we will be able to offer you tailored advice regarding mediation if appropriate and the process of Court proceedings if required.

We have dealt with business that have recently been set up to ones with millions of pounds turnover. For further information on our services and a confidential discussion please contact us on 0151 647 9381.



make an enquiry

If you have an enquiry about our legal services, please fill in the form below and one of our team will contact you shortly…

How can we help you?

Whilst we will try our very best to assist you with your enquiry, we cannot provide answers to legal questions without being legally instructed to act for you.

Terms & Conditions >

  • mission statement
  • values


We are committed to delivering excellent levels of customer service, representing all our clients with expertise, passion and care. We inspire our teams to combine outstanding experience with warmth and understanding and to make it a pleasure to do business with us.

read more

We strive to create a happy, positive environment which fosters trust and loyalty and reflects the traditions of the business whilst inspiring innovation. In everything we do, we aim to make a positive difference to the lives of our clients, business partners, employees and community.

Welcome _mat


We are committed to delivering excellent levels of customer service, representing all our clients with expertise, passion and care. We inspire our teams to combine outstanding experience with warmth and understanding and to make it a pleasure to do business with us.

You are never just a case to us. We know that life and circumstances can be complicated and difficult and we are sympathetic, understanding and re-assuring. We pride ourselves on developing close personal relationships with our clients, many of which span years and lifetimes, moving from father to son, mother to grand-daughter.

read more

  • "Very pleased with Ms Skillens support throughout a very difficult time. Very approachable and I felt I was able to ask questions and get a timely response. Thank you"

    Family Client
  • "The staff at Birkenhead have always acted impeccably and I can’t thank them all enough, in what has been a very traumatic and stressful time for me and my family - but onwards and upwards"

    Family Client
  • "“The service provided by the team was exceptional and very professional. Thank you for your excellent service"

    Family Client
  • "I really do appreciate the attention you gave to all matters and the regular updates. You have been very kind and I am grateful"

    Residential Property Client
  • "“You treat me like a person, and not a thing. I can speak to any of you like a friend and you will be always be there for me, to sit and speak to"

    Family Client
  • "“Thank you very much for handling the sale of our flat. Our purchaser, told us that her solicitors had been most impressed with the way you and your team dealt with the case, in that everything they requested was provided promptly and they did not need to follow up any information so the whole process ran extremely smoothly. Your efficiency and professionalism is very much appreciated"

    Residential Property Client
  • "John is a very thorough, prompt and amiable lawyer, who gives a very good value service. Lees is a multi-disciplined Law firm, so I would have no hesitation in using him again for all legal help"

    Commercial Property: David Blyth
  • "We were very happy with the treatment we received for re-writing our wills and the advice provided at the time has proved to be both up-to-date and extremely important; we were not aware of recent changes and the advice we received has proved invaluable"

    Wills, Trusts & Estates: Sharon & John Weston
  • "Lees made what I thought was going to be a really scary process easy to understand and very straight forward.  Thank you for everything"

    Family Client
  • "At possibly the most distressing time of my life, Jenniffer Skillen and the staff at Lees Solicitors were there to support me through what was a difficult and complicated divorce. The expertise, professionalism and compassion I was awarded I feel would be difficult to equal. I don't feel that there will ever be words to describe the thanks and gratitude I have. Jennifer and Lees have provided me with a bright future, which is financially secure and bright. They have given me back my life. Thank you"

    Family Client