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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Do I remove myself as a director of family business

4 replies

whycantitbecalm · 01/11/2024 08:58

Asking for a friend: Ok so we are at the very early stages and i am just trying to not make a wrong step.
We are separated, and i work part time at the moment, we have 3 children all live at home, but only 1 is under 18.

Husband is paying the bills currently.
I am named director on his self employed business but will need to be claiming benefits to be able to support us, particularly if he stops paying the bills without warning.

Should i get my name removed from the business straight away, or wait until divorce proceedings/finances are sorted?

I don't want to end up putting myself in a worse situation

OP posts:
LemonTT · 01/11/2024 10:15

Do you have an income from the business? How much is the business worth ?

Will benefits be worth it? You have one dependent and if they are older and you can work FT that’s where you will be steered.

millymollymoomoo · 01/11/2024 10:59

As above. You need to work full time not go on benefits

tribpot · 01/11/2024 11:03

Presumably she is a shareholder in the business (and possibly not a director?). Either way that might be a valuable asset to split on the divorce, so I wouldn't make any sudden moves. It will probably be more in his interests to get her out of the business - if she is a 50% shareholder, 50% of the dividends paid by the business are paid to her. So I would wait and see what happens.

whycantitbecalm · 01/11/2024 13:37

@LemonTT before the split all household income from the business went into joint accounts, so yes technically the income is hers too.

She is looking for full time work, but as a buffer at least needs to know claiming benefits is possible, but i suspect as a named person on the business she won't be able to.

Just wondered if anyone knew for definite, i know she's getting professional advice too

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