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How to remove a wife shareholder from a limited company?

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    #41
    Originally posted by ASB View Post
    The important time is neither the nisi nor the absolute. It is formal settlement of the finances. It is probably wise to ensure this is done before the absolute. Otherwise it can be done years later and anything post divorce still has some relevance.
    This - also at least with no legal aid it's a little bit harder to fleece you.
    "why ride a vespa when you can push a lambretta?"

    As I look ahead, I am filled with foreboding; like the Roman, I seem to see "the River Tiber foaming with much blood."

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      #42
      It may be possible to issue a different class of share that pays dividends at a higher rate than the existing ones. If you are the sole director, no problem in making such a decision. It means that while things are rocky, you can accumulate the capital (less expenses) until such time that it is forcibly removed from you.
      Whether you choose this avenue, or the option of a new limited company, if things get that far, you will have to pay out a lot.
      Good luck, I speak from experience.

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        #43
        I'm gonna revive this because it is the only post with the relevant information in it... I need to look into this too)

        So the best answers are talk to accountant then to a lawyer.

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          #44
          Originally posted by Drei View Post
          I'm gonna revive this because it is the only post with the relevant information in it... I need to look into this too)

          So the best answers are talk to accountant then to a lawyer.
          There's going to be circumstances particular to your situation that makes it difficult to give anything other than generic advice.

          If you're on reasonable terms then you could buy her shares back but how you determine a fair market value is a challenge as the earnings ratio is a bit skewed in small companies compared to FTSE 100 firms.

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            #45
            Originally posted by ladymuck View Post
            If you're on reasonable terms then you could buy her shares back but how you determine a fair market value is a challenge as the earnings ratio is a bit skewed in small companies compared to FTSE 100 firms.
            For the majority of IT contractors, surely the fair market value is the assets of the company (probably not far off cash in bank plus unpaid invoices)?

            if the other party tried to take future earnings into account, you'd just close the company and start a new one for minimum costs.

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              #46
              I don't understand how it is relevant unless you started your company way before you got married? All assets are 50/50 during divorce regardless of whether the shares in your name or her name.

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                #47
                Possibly. It depends on the individual circumstance. Age can be important too.

                Any form of pre nup might help but no guarantee.

                In essence both parties enter rhe marriage with their respective things and it is joint property. As is property gained through the marriage.

                The court does recognise imbalance and an "exceptional contribution" though.



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                  #48
                  Originally posted by ASB View Post
                  The court does recognise imbalance and an "exceptional contribution" though.


                  I have made plenty of those, pretty much everything she has is due to my wages, her career etc... I made it all happen too, pretty much fabricated her CV and used my contacts as references.

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                    #49
                    Originally posted by Drei View Post

                    I have made plenty of those, pretty much everything she has is due to my wages, her career etc... I made it all happen too, pretty much fabricated her CV and used my contacts as references.
                    I don't think you commiting fraud is going to be considered as an exceptional circumstance in your favour. You making it happen for your partner tends to be what good partnerships are about as well so think you way overstating your position.

                    I expect every high earner in an imbalanced relationship ever has said the same. My mate is going through a divorce with his wife who was going through uni when the met and is early in to a career and you sound exactly the same as him. Believe me, neither solicitor thinks his input is exceptional enough to matter a jot.
                    Last edited by northernladuk; 10 November 2021, 23:13.
                    'CUK forum personality of 2011 - Winner - Yes really!!!!

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                      #50
                      Originally posted by northernladuk View Post
                      neither wife thinks his input is exceptional enough to save a marriage.
                      FTFY
                      See You Next Tuesday

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