Divorce solicitor for business owners

Divorce and business: the business leaders and situations we support

Every divorce involving a business owner intertwines their private life with the life of the company. Identify your situation at a glance.

Company directors, partners, self-employed professionals, spouses: the clients we support

The firm supports company directors, partners, self-employed professionals and sole traders through their divorce proceedings. It can also represent the business owner’s spouse, who often has just as much at stake or to claim.

• Company director: whether you are the manager of a SARL or EURL, or the chairman of an SAS, your company holds the bulk of your assets.
• Partners or shareholders: you hold shares or equity interests, and your co-partners are concerned about the impact of the divorce on the company.
• Self-employed professionals or sole traders: your client base and business assets are your livelihood.
• Spouse of a company director: you want to know the true value of the business and assert your rights.

Company shares, property investment companies (SCI), and spouses who are employees: the divorce cases we handle

We step in as soon as the business becomes an issue in the divorce. Here are the most common situations.

• There is a disagreement over the value of the business or the shares.
• Your spouse is claiming partner status in your company.
• Your spouse works in the business, as an employee, partner or shareholder.
• An SCI owns the family home or business premises.
• You have signed a personal guarantee for a company loan.
• You wish to pursue an amicable divorce without jeopardising your business.
• Your spouse is a foreign national, or assets are held outside France: an international divorce requiring an analysis of the applicable law.

Why choose our firm for a business owner’s divorce?

Goldwin Law Firm brings together under one roof the expertise required for a business owner’s divorce. You will have a single point of contact and a coherent strategy.

Our experience with business owners’ divorces and business assets

For 14 years, Goldwin has been advising business owners on their personal and professional matters. This experience enables us to anticipate the specific sticking points associated with assets invested in a company.

A company director’s divorce involves both property law and family law. Both your business assets and your personal assets are at stake.

A family law solicitor and a company law solicitor working on your case

Goldwin is a multidisciplinary law firm. A family law solicitor and a company law solicitor work together on your case. This ensures you avoid having two sets of advice that are out of step with or contradict one another.

At Goldwin, throughout the proceedings, our corporate lawyer in Paris safeguards the articles of association and corporate governance. Our business law lawyers step in if contracts or commercial law issues are at stake. Your case is handled by Maître Jonathan Bellaiche and the relevant lawyers at the firm.

Chartered accountants, valuers and notaries to value and divide the business

We work with chartered accountants, valuers and notaries. Each plays a role at a specific stage: quantifying revenue, valuing the business, and then drawing up the liquidation statement.

Strict confidentiality vis-à-vis your employees, partners and associates

Everything you entrust to your solicitor is covered by professional secrecy. Proceedings in a contested divorce are not public. An uncontested divorce further reduces the exposure of your personal circumstances.

Confidentiality covers your communications with the practice (Article 66-5 of the Act of 31 December 1971). Family matters are heard in chambers (Article 1074 of the Code of Civil Procedure).

• Professional secrecy applies to the entire case file
• Hearings held in camera
• Appointments at the practice or via videoconference
• Priority is given to amicable solutions where these serve your interests

Divorce for business owners: the legal and financial implications

The fate of the business depends on a few key provisions of the Civil Code. Here are the essentials, without unnecessary jargon.

Matrimonial property regime: who gets the business in the event of a divorce?

It all depends on your marriage contract.

Under the communityof propertyregime, the value of a business set up during the marriage is shared.

Under the separate property regime, the business remains with its owner, subject to a few exceptions.

Without a marriage contract, you are married under the ‘community of property limited to acquisitions’ regime. The Court of Cassation distinguishes between ‘title’ and ‘value’ in this context. ‘Title’ refers to the status of partner: this remains with the spouse who subscribed to the shares. ‘Value’ refers to the financial worth of the shares. It becomes joint property if the shares were acquired during the marriage using joint funds.

Example: Mr X sets up his limited liability company (SARL) three years after his marriage. He remains the sole director and sole shareholder. However, upon divorce, Mrs X may claim half the value of the shares.

Please also note Article 1832-2 of the Civil Code. If the shares were financed using joint funds, your spouse may claim partnership status for half of them. This right applies to non-negotiable shares, such as those in a limited liability company (SARL) or a property investment company (SCI). It does not apply to shares in a simplified joint-stock company (SAS )or a public limited company (SA).

How the business and its shares are valued in a divorce

Thevalue of the business determines the entire division of assets. It is assessed at a date close to the date of division, using recognised methods. The choice of method alone can significantly alter the cash adjustment to be paid.

Valuers combine several approaches: revalued net assets, earnings multiples, future cash flows or comparable companies.

Two dates are relevant. The joint estate is, in principle, frozen on the date of the application (Article 262-1 of the Civil Code). The assets themselves, however, are valued as close as possible to the date of division (Article 829). In other words, a snapshot of the assets is taken on the date of the application, and their value is then calculated as at the date of division.

In the event of a disagreement, the judge may appoint a qualified professional (Article 255(9) of the Civil Code). We prepare for this hearing with a specialist valuer.

Retaining the business during the division: preferential allocation and cash adjustment

The business owner may request to retain their business through preferential allocation. In return, they pay their spouse a cash adjustment, i.e. a sum that restores equality in the division of assets.

Preferential allocation is based on Articles 831 and 1476 of the Civil Code. It may relate to the business or to the shares in the company in which the spouse holds an effective interest. Following a divorce, it is never automatic: the judge assesses the interests at stake.

The challenge remains to finance the cash adjustment without depleting cash flow: this may be achieved through a personal loan, dividends, the sale of another asset, or deferred payment arrangements. Where deferred payment is involved, the balance is readjusted if the value fluctuates by more than a quarter (Article 828).

The division of assets also includes compensation payments, which adjust for transfers of value between the community property and separate property.

Case study: Nanterre Judicial Court, June 2024
The firm represented the husband in a marriage contracted in the United States. The judge upheld his jurisdiction and applied French law. The wife was claiming more than one million euros in compensation from the community property, in respect of inherited funds. These funds had been paid into accounts held solely in her name. The judge noted that such a deposit does not give rise to a presumption of a benefit to the matrimonial community (Court of Cassation, 1st Civil Chamber, 15 February 2012). In the absence of sufficient evidence, he dismissed these claims and approved the notary’s proposed division of assets.

From a tax perspective, the division of assets following a divorce is subject to a division duty of 1.1 per cent of the net assets. This rate has applied since1 January 2022 (Article 746 of the General Tax Code).

Compensatory payment and a director’s income

Compensatory payments are intended to redress the disparity in standard of living caused by the divorce. To determine the amount, the judge examines your actual income: remuneration, dividends, reserves and benefits in kind, not just your salary.

The judge applies the criteria set out in Article 271 of the Civil Code. For a company director, a modest salary may conceal substantial reserves. Conversely, exceptional dividends may artificially inflate your income. We present, or challenge, these elements on the basis of verifiable accounting data.

The payment is normally made as a lump sum, which may be spread over a maximum of 8 years (Articles 274 and 275). If paid as a lump sum within 12 months, it entitles the recipient to a tax relief. This tax relief amounts to 25 per cent of the payments, up to a limit of €7,625.

The contribution towards the maintenance and upbringing of children, often referred to as child maintenance, is based on the same analysis of income. Each parent contributes according to their own resources, those of the other parent and the child’s needs. This is the rule set out in Article 371-2 of the Civil Code. Regular dividends or benefits in kind may therefore be taken into account when determining the amount.

Case study: Paris Judicial Court, February 2026.
The firm was representing the father of two children. On a provisional basis, he was solely responsible for their private school fees. The judge noted that the parents’ incomes remained stable, at around 57 per cent and 43 per cent of the total respectively. The divorce judgement therefore divided all the children’s expenses, including school fees, equally between the parents. The monthly contribution initially set was maintained.

 Finally, deliberately making oneself insolvent to avoid a conviction constitutes a criminal offence (section 314-7 of the Criminal Code).

Our criminal business law solicitors will intervene if this risk arises.

Spouse working in the business, as an employee or partner: their rights in the event of divorce

Divorce does not extinguish the rights of a spouse who works in the business. Their situation depends on their status: business partner, employee or shareholder. Each requires different solutions.

Mutually agreed termination, transfer or buy-back of shares: several options are available, whilst ensuring the spouse’s social security cover.

If the disagreement concerns governance, our solicitor specialising in disputes between partners will take over.

Our support at every stage of the divorce: planning, proceedings, liquidation

Our approach follows the timeline of your separation.

• Planning ahead, before any conflict arises.
• Negotiating, if an agreement is still possible.
• Litigate, if the divorce becomes contentious.
• Finalise the settlement, to move on.

Planning for divorce: prenuptial agreements, matrimonial property regimes and articles of association

The best protection is put in place before any dispute arises. We review your matrimonial regime, your articles of association and your partnership agreement. We then propose an asset protection strategy tailored to your business.

A change to the matrimonial regime is effected by a notarial deed (Article 1397 of the Civil Code). When purchasing shares using own funds, a declaration of intended use prevents them from becoming part of the community property. In the articles of association, a consent clause allows you to control a spouse’s entry into the share capital.

You should also consider succession planning. Divorce automatically revokes certain matrimonial benefits and dispositions upon death (Article 265). Yoursuccession plans thereforewarrant a review.

Negotiating an amicable divorce, including the value of the business

Divorce by mutual consentis swift and discreet. However, it requires full agreement, including on the value of the business and the division of assets. We negotiate this agreement with your spouse’s solicitor.

Each spouse has their own solicitor. The divorce agreement is signed after a 15-day cooling-off period. A notary then files it in their register (Articles 229-1 and 229-4 of the Civil Code).

The agreement must settle the liquidation of the matrimonial property regime. Without agreement on the value of the business, the amicable divorce therefore remains at a standstill. We prepare this aspect with a valuer, so that negotiations are based on figures rather than impressions.

If discussions reach an impasse, family mediation can help restart the negotiations. A neutral mediator helps the spouses to draw up an agreement themselves, including regarding the business. Each spouse retains their own solicitor, who then formalises this agreement in the divorce settlement.

Contested divorce: interim measures and management of the business during proceedings

In the absence of an agreement, a contested divorce is decided by the family court judge at the competent court. From the outset, the judge may order interim measures. We defend your interests at every hearing.

Divorce may be granted on the grounds of fault or the irretrievable breakdown of the marriage. As part of the interim measures, the judge may grant the right to occupy the marital home. They may also order maintenance payments or appoint a notary (Article 255).

During the proceedings, the business continues to operate. However, your dividends, your remuneration or any disposal of assets may come under scrutiny. We help you manage these matters without leaving yourself open to criticism, right up to the Court of Appeal if necessary.

Liquidating the matrimonial property regime and organising the payment of the cash adjustment

Liquidation translates the divorce into figures. The notary draws upthe liquidation statement. We ensure that the equalisation payment remains compatible with the company’s cash flow and your personal circumstances.

In the event of a persistent disagreement, the judge will rule on the disputed points (Article 267 of the Civil Code).

An ill-calibrated cash adjustment acts as a sudden drain on cash flow: it can stifle the business.

E.g.: Mr X’s cash adjustment amounts to €300,000. A payment spread over three years, backed by a realistic dividend plan, can then be negotiated.

Your first consultation: what to expect, documents to prepare and fees

How the initial consultation takes place

The initial consultation allows us to analyse your situation and define a strategy. It takes place at our offices in the 16th arrondissement of Paris, or via videoconference. Several of the firm’s solicitors may take part, depending on the issues involved.

• You outline your situation: marriage, matrimonial property regime, business, income and objectives.
• We identify the risks and areas for action, in both family law and company law.
• We present the possible options and an initial strategy.

The duration depends on the complexity of your case: there is no one-size-fits-all format.

Documents to bring to the first appointment

Just a few documents are enough for a reliable initial assessment. Please gather those relating to your marriage, your business and your income.

• your marriage contract (if applicable);
• the company’s articles of association and the shareholders’ agreement;
• the last three balance sheets;
• your latest tax assessment notices;
• the deeds of purchase for your shares;
• any guarantees signed on behalf of the company.

Fees agreed upon from the outset

A fee agreement is signed before any work commences. Our fees depend on the stakes involved, the complexity of the case and the time spent. They are always proportionate.

This agreement has been mandatory since the Act of 6 August 2015 (Article 10 of the Act of 31 December 1971). It allows you to estimate the cost of your divorce with complete transparency.

With these documents to hand, an initial consultation with Goldwin is often all it takes to turn concern into a plan of action.