Divorce can be particularly complicated for entrepreneurs. A founder or business owner may have much of their wealth tied up in company shares, retained profits, intellectual property, investment interests or commercial property rather than cash that can easily be divided.
For entrepreneurs in Edinburgh and Glasgow, choosing a family lawyer with experience of both Scottish divorce law and complex business assets can therefore be particularly important. The objective is not simply to establish the value of the matrimonial property, but to reach a fair financial settlement while avoiding unnecessary damage to a viable business.
This FiveFantastic™ guide highlights five leading Scottish family law firms worth considering where divorce involves entrepreneurial wealth, company ownership, substantial investments or other complex financial interests.
Why Is Divorce More Complicated for Entrepreneurs?
Entrepreneurs often have financial circumstances that are very different from those of employees receiving a conventional salary.
Potential issues include:
- Privately owned companies
- Start-up businesses
- Company shareholdings
- Partnership interests
- Retained profits
- Dividends and director remuneration
- Commercial property
- Business loans and guarantees
- Intellectual property
- Investment portfolios
- Substantial pensions
- International business interests
- Trusts and family investment structures
- Disputed company valuations
A specialist divorce lawyer may need to work alongside accountants, corporate lawyers, tax advisers, pension experts and independent valuers to establish an accurate financial picture.
Five of the Best Divorce Lawyers for Entrepreneurs in Edinburgh & Glasgow
No single firm will be right for every entrepreneur. The following FiveFantastic™ selection focuses on Scottish practices with particular experience in complex financial provision, businesses, substantial assets and high-value divorce.
1. Brodies LLP
Brodies LLP is a particularly strong choice for entrepreneurs because its leading family law practice operates alongside one of Scotland’s largest corporate and commercial legal teams.
Brodies has family lawyers in both Edinburgh and Glasgow and advises business and estate owners, professionals and private individuals. Its divorce team handles complicated financial affairs and can draw on colleagues specialising in corporate structures, tax, trusts, property and privacy.[1]
The firm has also published specific guidance on divorcing where a business is involved, including situations where separating spouses remain involved in the same company.[2]
This multidisciplinary approach can be particularly useful for founders whose personal wealth and business interests are closely connected.
Key areas include:
- Business interests on divorce
- Company shares and valuations
- Complex financial provision
- International assets
- Trusts
- Property and investments
- Pensions
- Negotiation, mediation and litigation
Published testimonial: Legal 500 records client feedback describing the Brodies family team as making clients feel “important and very much cared for.”[3]
2. Kee Solicitors
Kee Solicitors is a specialist Scottish family law firm with particular experience in high net worth divorce and cases involving significant business interests.
The firm states that its high net worth team advises on business valuation, asset protection, company worth, complex corporate structures, investment and shareholding analysis, international interests and disputed valuations. It also specifically refers to handling cases involving multiple businesses.[4]
That specialist focus makes Kee particularly relevant for entrepreneurs whose divorce requires detailed examination of business assets while maintaining discretion around commercially sensitive information.
Kee has a Glasgow presence and advises clients across Scotland, including Edinburgh.
Key areas include:
- High net worth divorce
- Business valuation
- Company shareholdings
- Asset tracing
- Complex corporate structures
- Investment assets
- International business interests
- Financial settlement negotiations
Published testimonial: Public reviews of Kee Solicitors frequently refer to clear communication, professionalism and supportive family law advice.[5]
3. Turcan Connell
Turcan Connell has offices in Edinburgh and Glasgow and is especially well suited to entrepreneurs whose divorce overlaps with private wealth, trusts, tax planning or succession issues.
The firm’s family team handles complex financial provision and cross-border cases. Jenny Jarman-Williams combines family law experience with a background in corporate law and management accountancy and acts for business owners, professionals and individuals in the public eye.[6]
The wider firm also advises entrepreneurs on family wealth, trusts, partnerships and family investment structures, providing useful additional expertise where business and personal assets are closely connected.
Key areas include:
- Entrepreneurial and business wealth
- Complex financial provision
- Asset protection
- Trusts
- Family businesses
- International assets
- Tax and succession issues
- Pre and postnuptial agreements
Published testimonial: Legal 500 records client feedback praising Turcan Connell for excellent client service and high levels of professionalism.[7]
4. Morton Fraser MacRoberts
Morton Fraser MacRoberts, also known as MFMac, has substantial family law teams in Edinburgh and Glasgow and specifically identifies entrepreneurs among its client base.[8]
Its lawyers advise on complex financial disputes involving business interests, family trusts, pensions, entrepreneurial wealth, international assets and high net worth clients.
The firm’s wider corporate and commercial practice can also be useful where a divorce requires detailed understanding of business structures, shareholder interests or transactions.
Key areas include:
- Entrepreneurial wealth
- Complex financial provision
- Business interests
- Company valuations
- Trusts
- Pensions
- International assets
- High-value litigation
Published testimonial: Public professional directory feedback describes the firm’s family practice as an exceptionally strong team.[8]
5. Miller Samuel Hill Brown Solicitors
Miller Samuel Hill Brown Solicitors is particularly relevant for entrepreneurs and business owners in Glasgow because it has a dedicated service addressing divorce involving business ownership.
The firm explains that start-ups can be difficult to value because they may have significant future prospects despite generating relatively limited current profit. It also addresses business valuation, ownership by both spouses and ways in which one spouse may potentially retain control while other matrimonial assets are used to achieve a financial settlement.[9]
Its family team acts for business owners, self-employed individuals and high net worth clients, with access to the firm’s wider commercial legal expertise.
MSHB is based in Glasgow and advises clients on divorce, financial provision and business-related family law issues.
Key areas include:
- Divorce for business owners
- Start-up valuations
- Company shares
- Financial provision
- Business ownership disputes
- Property and pensions
- Negotiated settlements
- Divorce litigation
Published testimonial: A family law client testimonial published by the firm describes the advice received as “excellent”.[10]
How Are Business Interests Treated in a Scottish Divorce?
Scottish divorce law does not simply divide every asset owned by either spouse.
Financial provision is principally governed by the Family Law (Scotland) Act 1985. An important first step is identifying matrimonial property held at the relevant date.
Where company shares or another business interest were acquired during the marriage but before the relevant date, they may form part of the matrimonial property and need to be valued.
The treatment of a business established before marriage can be different, although restructuring, new share issues, transfers and other transactions during the marriage can make the analysis more complicated.
How Is an Entrepreneur’s Business Valued During Divorce?
Business valuation is often one of the most difficult aspects of an entrepreneur’s divorce.
An independent accountant or forensic expert may consider:
- Turnover and profitability
- Assets and liabilities
- Cash reserves
- Future maintainable earnings
- Goodwill
- Intellectual property
- Share ownership
- Minority discounts
- Shareholder agreements
- Funding rounds
- Director remuneration
- Dividends
Different valuation methods can produce different results, particularly for privately owned businesses.
Why Are Start-Ups Difficult to Value in Divorce?
Start-ups present a particular challenge because current profits may say relatively little about the company’s potential value.
A technology company, professional services business or other early-stage venture may have intellectual property, investors, contracts or growth prospects that make it valuable even if it is not yet producing substantial profits.
Funding rounds and previous investment transactions may provide evidence of value, but they do not necessarily establish the correct matrimonial valuation on their own.
Specialist legal and accountancy advice can therefore be particularly important for founders.
Does Divorce Mean an Entrepreneur Has to Sell Their Business?
No. A business does not automatically have to be sold simply because it has a value for divorce purposes.
Scottish financial settlements often seek to achieve a clean break, and it may be possible for an entrepreneur to retain the business while the other spouse receives a greater share of other assets or an appropriate capital payment.
Preserving a viable business can benefit both parties, particularly where it provides income or supports employees.
What If Both Spouses Own the Company?
The situation becomes more complicated where both spouses own or operate the business.
Questions may include:
- Who will continue running the company?
- Can the former spouses realistically remain business partners?
- Should one spouse buy out the other’s shares?
- What do the shareholder agreements provide?
- Would removing one spouse damage the company’s value?
- Could ownership be reorganised?
Family law and corporate advice may be required together.
What Happens to Retained Profits?
Retained company profits can be contentious because money belonging to a limited company is not automatically the personal property of a shareholder.
However, company finances may still be relevant to questions of business valuation, income, liquidity and the resources available to the parties.
A specialist solicitor and accountant can help distinguish between company assets and personal matrimonial property while considering the wider financial circumstances.
What About Investments and Entrepreneurial Wealth?
Successful entrepreneurs often diversify their wealth beyond their primary company.
A financial settlement may therefore involve:
- Angel investments
- Private company shares
- Investment funds
- Commercial property
- Buy-to-let portfolios
- Cryptocurrency
- Pension investments
- Trusts
- Overseas companies
Each asset may require separate consideration of ownership, acquisition date, value and liquidity.
Can Entrepreneurs Protect Their Businesses Before Marriage?
A prenuptial agreement can be particularly useful for entrepreneurs who already own a business before marriage.
The agreement can record how the couple intends existing businesses, future growth and other assets to be treated if they later separate.
A postnuptial agreement may also be considered after marriage, particularly where a new business is established, investment is received or the company’s value changes substantially.
Both parties should obtain independent legal advice.
Edinburgh or Glasgow: Does Location Affect Which Divorce Lawyer to Choose?
Both Edinburgh and Glasgow have highly experienced Scottish family law practices capable of handling entrepreneurial divorce.
Brodies, Turcan Connell and Morton Fraser MacRoberts have established presences in both cities. Kee Solicitors advises clients across Scotland, while Miller Samuel Hill Brown is particularly well established in Glasgow.
Location can be convenient, but it should not be the only factor. For an entrepreneur, experience with business valuation, company ownership and substantial financial provision may be more important than choosing the geographically closest solicitor.
How to Choose a Divorce Lawyer as an Entrepreneur
Useful questions to ask a prospective solicitor include:
- How many divorces involving business owners do you handle?
- Do you regularly work with privately owned companies and start-ups?
- How will my company be valued?
- Which forensic accountants do you work with?
- Can your firm provide corporate and tax advice?
- How can we minimise disruption to my business?
- Can commercially sensitive information remain confidential?
- What happens if my spouse disputes the business valuation?
- Could a settlement be structured so that I retain my shares?
- Who would represent me if court proceedings become necessary?
Frequently Asked Questions
Can my spouse claim half of my business in a Scottish divorce?
Not automatically. The first question is whether the business interest or shares fall within matrimonial property. The financial settlement then applies the principles of Scottish family law to the overall matrimonial estate.
What if I founded my company before getting married?
A business established before marriage may be treated differently from one established during marriage. Changes in ownership or structure during the marriage can complicate the position.
How is a start-up valued during divorce?
Start-ups can be difficult to value because current profits may not reflect future potential. Accountants may examine funding, intellectual property, contracts, forecasts, ownership rights and other financial evidence.
Will I have to sell my company when I divorce?
Not necessarily. A settlement may be structured so that the entrepreneur retains the company while other assets or capital payments are used to achieve an appropriate financial division.
Can my spouse become a shareholder in my business?
That is not an automatic consequence of divorce. Other methods of reflecting the value of a business interest may be considered without transferring operational ownership.
What happens if my spouse and I founded the company together?
A jointly owned company can require both family and corporate law advice. Options may include continuing the business relationship, a share buyout, restructuring or sale.
Are retained company profits matrimonial property?
Money held by a limited company is legally distinct from the shareholder’s personal assets, although retained profits may still be relevant to business value, income and the wider financial circumstances.
Can a prenuptial agreement protect a start-up?
A carefully prepared prenuptial agreement can record how the couple intends existing business interests and other assets to be treated if the marriage ends. Both parties should obtain independent legal advice.
Do entrepreneurs need a forensic accountant during divorce?
Not always, but independent accountancy evidence can be particularly valuable where a company is valuable, complex, rapidly growing or subject to a disputed valuation.
Who are some of the best divorce lawyers for entrepreneurs in Edinburgh and Glasgow?
Five Scottish firms particularly worth considering are Brodies LLP, Kee Solicitors, Turcan Connell, Morton Fraser MacRoberts and Miller Samuel Hill Brown Solicitors. The appropriate lawyer depends on the business, assets, location and complexity of the case.
Getting Divorce Advice as an Entrepreneur in Scotland
Entrepreneurs should consider obtaining specialist family law advice early in the separation process. Decisions involving company ownership, funding, dividends or restructuring can have consequences for both the divorce and the business.
Early advice can help identify matrimonial property, preserve financial evidence, arrange an appropriate business valuation and explore settlements that protect both parties without unnecessarily undermining the company.
The five firms featured in this FiveFantastic™ guide are among the Scottish practices worth considering for entrepreneur and business-owner divorce in Edinburgh, Glasgow and across Scotland.
Sources and Further Reading
- Brodies LLP, Divorce Lawyers Scotland
- Brodies LLP, Divorcing When a Business Is Involved
- Legal 500, Brodies LLP Family
- Kee Solicitors, High Net Worth Divorce
- Trustpilot, Kee Solicitors Reviews
- Turcan Connell, Jenny Jarman-Williams
- Legal 500, Turcan Connell Family
- Morton Fraser MacRoberts, Family Law
- Miller Samuel Hill Brown Solicitors, Divorce for Business Owners
- Miller Samuel Hill Brown Solicitors, Family Law
This article provides general information only and does not constitute legal, financial, tax or business advice. Entrepreneurial divorce cases can involve complex legal and valuation issues. Anyone dealing with a business interest during divorce should obtain advice from a suitably qualified Scottish family law solicitor.
