By Chris Price, staff partner at Tayntons Solicitors 

The festive season is traditionally the time for happiness and good cheer. But for some it sadly marks the end of a marriage.

It's a well-known fact that many couples limp through Christmas and New Year, only to start proceedings for the break-up of their married life on what has been dubbed Divorce Monday.

If the couple getting divorced are involved together in a business, the divorce process can be a potential minefield. Tayntons Solicitors, Gloucester's biggest law firm, has a dedicated family law department with a highly experienced team to help clients overcome these difficulties.

Chris Price, staff partner at Tayntons explained: "This time of year is traditionally when we see an increase in new enquiries, especially involving divorce and financial matters.

"We always like to have an initial discussion with the client, ideally face-to-face, or we can do it over the phone. We establish the facts of the case.

"What are the assets, what are the issues and then, most importantly (something that some solicitors don't always do) we ask the client what it is they want? So rather than launching straight into giving advice, we try to bring a personal aspect to it by asking the clients what it is they are looking to achieve."

Some clients want divorce proceedings to remain as amicable as possible. As long as they are aware of what they can and cannot ask for, this is fine and can be implemented.

"Other clients will have particular assets that they are very keen to protect, business interests and properties etc. It is about establishing what those assets are and what the main aims are so that we can tailor the case towards them," said Mr Price.

A business may appear to be a "pot of gold", but in fact many are actually only income streams.

"If you take away the income stream to satisfy someone's claim on the business, then you are affecting other elements of the case, because of what they earn compared to their spouse," he said.

"In terms of protection, the key thing we like to do is work with the accountant to get a valuation of the business as soon as possible, their view of the accessibility of that value and whether the business has any working capital that could be paid out.

"For example, businesses may carry an element of capital in their bank account, but that is working capital. It is needed because they have to fund up front a lot of materials and other costs. If you look at that as a pot that may be used in divorce proceedings, then you are effectively taking away the lifeblood of the business."

It is important to think very carefully before going down the route of including a spouse as a company director. A shareholders' agreement can help provide a clear understanding between parties of what their obligations are.

Children are one of the most emotive areas of a divorce and it is important that couples do what is best for them.

"It is important that couples make joint parenting decisions, even though they are separated", said Mr Price. "The reality is that even though you are divorcing, they are going to remain your children forever.

"We try to encourage as amicable a way forward as possible. In this area of law most of our clients want certainty and closure. They want to know where they stand because it is a very stressful time."

Still in need of assistance or have unanswered questions? For more help contact Chris Price and the team at Tayntons: Telephone 01452 509006, email christopher.price@tayntons.co.uk or visit www.tayntons.co.uk.