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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.

Can a family business share be excluded from a divorce settlement?

6 replies

upto11 · 09/04/2026 18:08

I am looking for some advice about my divorce settlement. My ex and I are currently in the early stages of the process, have both engaged solicitors and are soon to complete the Form E. I own a 10% share of a family business, started by my parents many years ago My father has now died so my mother owns 80% and my brother the other 10%. My ex has never had anything to do with this business. Does anyone know whether he will he be able to make a claim on my 10%? Or can it be excluded from the divorce settlement? It is not of a high value if that makes a difference.

OP posts:
millymollymoomoo · 09/04/2026 22:41

Theoretically it’s an asset and needs declaring in the pot irrespective of him never having anything to do with it

ChaliceinWonderland · 09/04/2026 22:44

Your solicit8r will know. Make sure you declare if for the financial settlement.

upto11 · 10/04/2026 14:46

Thank you both. I of course will be declaring my interest but it just seems so unfair that a family business, which has been run by my family for so long, should be included as part of the settlement. I have received two large inheritances too which I have no intention of not sharing with my ex. I suppose it's the more emotional side to the business interest which is upsetting me.

OP posts:
millymollymoomoo · 10/04/2026 17:24

It doesn’t mean he’ll be awarded anything
or it might mean he gets something else instead

its crap but then divorce settlements usually are with some winners some losers

Thundertoast · 10/04/2026 17:28

The inheritance might also be up for grabs - worth doing some research on that.

Zanatdy · 14/04/2026 16:34

Inheritance may also be joint pot. You can’t pick and choose what’s shared, that’s the point of marriage.

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