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How to protect your company, your cash flow and your kids – by treating divorce like a deal, not a duel
When a marriage unravels, the business notices first. Bank signatories go under the microscope, staff pick up whispers, a supplier asks whether your head is still in the game. Investors aren't judging your private life; they're weighing continuity risk. That is why the smartest founders handle divorce like a transaction: stabilise operations, surface facts, design a settlement that the company can live with, and keep the children at the centre. Emotion will visit; it can't run the process.
Stabilise the operating rhythm first.
Your immediate job is to make the business boring again. Confirm who can bind the company and who can't. Tighten payment approvals if necessary and record any temporary changes in a short board minute. If both spouses touch the business, separate responsibilities cleanly: one of you makes operational calls; the other steps back from day-to-day decisions. Nothing reassures employees and counterparties like a consistent signature and a consistent voice.
Build the evidence base you'll need later.
A divorce is, in part, a financial audit of two lives. Gather what a court or mediator will eventually ask for: the shareholders' agreement, MOI, loan accounts, management accounts, working capital notes, VAT returns, customer concentration reports, insurance and buy-sell arrangements. If you're married with accrual, expect to price business interests as at the marriage date and again now; if you're out of community without accrual, you still need clean figures to negotiate sensibly. List personal and household expenses accurately; guesswork derails talks and credibility.
Keep the lights on while you negotiate.
Interim arrangements stop panic. If one spouse needs access to funds for housing, medical aid, school fees or transport, put it on a footing that survives scrutiny – either by agreement or, if necessary, through an interim maintenance application. "We'll sort it out later" is how small resentments turn into big fights and how directors start making short-term cash decisions that damage the company.
Treat valuation as a design choice, not a hill to die on.
Valuation methods exist to solve problems, not create them. An agreed independent valuation with a sensible discount for liquidity risk may serve everyone better than a pitched battle over minority discounts and control premiums. Remember: a paper number that requires you to strangle cash flow for three years is not a win. Many entrepreneurs opt for staged buy-outs, vendor finance, or a mix of cash and assets that respects the company's need for oxygen.
Don't use the company as a weapon.
Directors' duties don't pause because a divorce petition was filed. If both spouses are on the board, disclose personal financial interests where required, minute recusals on conflicted items, and avoid using boardrooms as courtrooms. Withdrawing a partner's access to systems or clients for tactical reasons invites claims of oppressive conduct; changing remuneration to "teach a lesson" is how you attract labour and governance problems. Keep the company out of your fight.
Protect information, quietly.
Divorces have a way of flushing confidential data into the open. Lock devices with strong passwords, review who has access to client lists and pricing models – and reinforce policies on data exports. If personal accounts are linked to corporate systems, untangle them. This is not paranoia; it's hygiene. Courts generally look dimly on litigants who leak or destroy information—whichever side they're on.
Use neutrals to compress time.
A short, focused mediation does what court cannot: it lets you trade across issues that matter to entrepreneurs – liquidity, reputation, parenting time, tax timing – without pretending the only currency is a lump sum. Expert determination can answer one tight question (for example, a dividend-adjustment formula or a partnership valuation) and remove a logjam. You are not surrendering by proposing structure; you are buying speed and certainty.
Get the parenting plan right, early.
Your commercial life will be calmer if the children's rhythm is stable. Agree a plan that recognises work travel and peak periods but anchors the children in predictable routines. Courts respond to parents who put kids first and paperwork second; investors do too. A dignified co-parenting posture is not only moral; it's commercially protective.
Mind the narrative.
You don't owe the market a confessional, but you do owe your team clarity. A single, low-drama line; "Leadership is stable; we're focused on delivery; personal matters are being handled privately and respectfully" says what stakeholders need to hear. Resist social-media commentary. Anything you post will one day sit in a bundle next to your valuation report.
Plan your exit ramp from the fight.
The best settlements read like term sheets: who pays what, when and how; what happens if milestones slip; what security is offered; how shares transfer and how non-competes and confidentiality will work. If trusts or companies hold assets, map the steps in the right order so you don't create avoidable tax or regulatory friction. Close with a simple dispute-resolution clause that doesn't send you back into open-ended litigation if a payment is late.
Know when the court is unavoidable.
Sometimes you can't negotiate with someone who won't disclose, won't stop threatening, or won't recognise facts. If you need urgent relief – access to funds, protection from harassment, interim care and contact, or to stop assets being stripped – use the court. But even then, run a twin track: keep the business steady while the legal process does its slower work.
The aim is simple to say and demanding to deliver: walk out of the process with a functioning company, a liveable personal budget, and children whose lives are disrupted as little as possible. None of that relies on the other person becoming someone they aren't. It relies on you treating divorce as a series of solvable, sequenced problems, like any mission-critical transaction.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
