Family Disputes Clarke Jeffers | Professional Commercial Individual Personal Solicitors in Carlow and Dublin Ireland

Family Law & Business Assets

As a long-standing family business, Clarke Jeffers understand the unique set of circumstances that can be at play in family law cases where business assets are at stake.

“Whether you are the spouse who owns the business or the spouse married to the person who owns the business, a family law dispute or marital breakup can jeopardise the value of that business and in the worst case scenario, lead to the ultimate demise of that business.“

-Victor Clarke, Managing Partner.

No two businesses are the same, never mind families, and the dynamics of both can be complex. We understand emotions can run high, the weight of expectation can be heavy and the lines of communication may not always be fluid.

We combine our skills in Commercial and Business Law with our long experience in Family Law to understand the business or company at the centre of the case. We have the skills and experience to assist in protecting that asset or indeed unwinding it.

For these reasons we take a sensitive approach to all Family Law cases and make every effort to protect your interests and everything you have worked hard or contributed to achieve. We specialise in commercial, business and family law, meaning we are in a strong position to assess all aspects of a business and ensure that your Family Law dispute or marital breakup is resolved with your best interests intact.

We have over eight decades of experience in dealing with Family difficulties and the protection of business assets.

To find out more about how we can help you with your sensitive and confidential family law issues and how this may affect your business interests, please get in touch to arrange an appointment.

“Clarke Jeffers is one of the first Irish Law Firms to actively specialise in Family Law where business and business assets are at the core of the case. We are not traditional Family Law practitioners. We are quasi commercial, Family Law practitioners. We protect what people have worked hard or contributed to create.”

-Victor Clarke, Managing Partner.

We advise clients in the following areas:

  • Divorce

  • Judicial separation

  • Division of assets

  • Protection and Division of Family Farms

  • Maintenance

  • Business investigation

  • Working with Forensic Accountants

  • Unwinding complicated business structures

  • Discovery of previous business transactions (including transfer of assets)

  • Wealth provision

  • Custody

  • Access


View our frequently asked questions.

Your business may be affected by the breakdown of your marriage where your spouse is making a claim in respect of it. If such a claim is made, the Courts will consider how your spouse contributed to the business or the support that was provided to you by your spouse on starting the business or running the business. Where a business asset is involved it is necessary to carry out a valuation on the business. At Clarke Jeffers we have a panel of expert valuers that we can recommend using for this.

Where the business is profitable and has sufficient distributable reserves there are a number of options available. If your spouse worked in the business, there are options to pay an ex-gratia termination payment. Another option to consider is to buy back your spouse’s shares in the company. Bank funding or raising funds through other sources could help facilitate the buy back of your spouse’s shares. We are happy to explore all these options with you and your accountant to ensure that whatever option is taken, it is done in the most tax efficient manner for you and your spouse.

As with other assets of the marriage, pensions are also viewed as an asset. The Courts can either leave your pension intact or else order what is known as a pension adjustment order. A pension adjustment order entitles your spouse to a certain portion of your pension depending on what the court orders or what is agreed upon between the parties.

Yes. The Law provides for a claim to be made regardless of financial contribution and regardless of registered ownership. The level of claim that can be made will vary and be dependant on a number of factors including (but not necessarily or limited to) the length of the marriage, behaviour of one spouse and dependant children.


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