Protect the family business on divorce by using collaborative law or mediation

The personal and financial impact of a divorce is bad enough. It can be made much worse when you realise that divorce court judges see the world in a very different way to business owners and entrepreneurs. A divorce must not be allowed to damage the health of the family business where it needs to produce either future income or capital to meet the family’s needs.

Judges can struggle to understand a family business owner

Many divorce judges presume that business owners get up in the morning and go out to work and are guaranteed to make money. If only that were true! Family law judges often struggle to understand business risk, funding issues and the real liquidity of the family business. Too often courts are unable to read and understand the business accounts. You do not want decisions made based on misunderstandings about the true state of health of the business.

Collaborative divorce keeps you in control

In simple terms an entrepreneur and a divorce court judge do not perceive the world in the same way. For the health of the business to be looked after properly on divorce then it is frankly necessary to use a Collaborative Family Solicitor in Collaborative law  or to use a Family Solicitor-Mediator in Mediation

Avoiding ‘Loss of confidence’ with clients

In collaborative divorce or family mediation you can take into account exactly how your family and business work. You can also keep everything private in a few face-to-face meetings. A privacy clause means customers, staff, suppliers, investors and the bank do not lose confidence.

Running a business is risky enough as it is. Don’t let a divorce court judge decide what is best for the family business. Keep control and keep it private.

Further information

You can read more and use the checklist of when the collaborative approach may be appropriate for you (and when it is not) by Clicking Here>>

Next steps:

For further advice and guidance on collaboration or mediation:

Call me: 01223 421 051
or email me duaneplant@dmfl.co.uk

Duane Plant
Cambridge Divorce Solicitor, Collaborative Lawyer and Family Mediator
Divorce, Mediation and Family Law