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3 factors that can complicate divorce

On Behalf of | Jul 1, 2024 | Family Law

There are times when a married couple just isn’t meant to be together. Divorce may be the best all-round solution. 

While both spouses can make a fresh start post-divorce, getting to that stage can be tricky, depending on individual circumstances. The following factors may complicate the divorce process. 

1. Family businesses 

Dividing a family business during divorce can be complex, particularly if both spouses have been involved in the day-to-day running of the company. One spouse may want to walk away with their fair share of the company value. Or, both spouses may want to continue running the business, but on their own. 

While there are some cases where divorced spouses want to continue working together as business partners, this isn’t common. The complexity comes in valuing the business, valuing the level of each spouse’s investment and contributions, and deciding what is a fair share of the company or sum of money to walk away with. 

2. Pre or post-nuptial agreements 

A well-drafted pre or post-nuptial agreement can make the divorce go more smoothly. These agreements outline how assets should be divided in the event of divorce. 

However, poorly written nuptial agreements or agreements that contain unfair terms can be contested. 

3. High-value assets

The more assets that a couple has, the more complex the divorce is likely to be. A couple with only one joint bank account and the family home may be able to come to an agreement quite quickly. A couple with international assets and high-value assets may spend more time disagreeing over who gets what. 

To simplify your divorce, one of the first steps to take is to seek legal guidance.