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How to protect your interest in a business during a divorce

Desmond O’Donnell, partner, Thomson Snell & Passmore, 10/02/2020

Despite the best intentions of the spouses and their legal representatives, divorce is often a traumatic and difficult process. Divorce proceedings are frequently complicated and protracted and the animosity between the parties will often increase where there is a family business.

A business may be treated by the courts in England and Wales as a matrimonial (or civil partnership) asset and indeed in some cases, it may be the most valuable asset. Although a business is not a liquid asset in the way property and cash are, a spouse may ask the court to make money available to them by, for example, the other...


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