Readers’ forum: Conundrum when advising both parties who are divorcing

I act for a profitable company owned 50:50 by husband and wife. I also act for the two individuals. They have told me that they are going to divorce and that the husband will buy out the wife’s shares at open market value. It may be that this will be structured as a purchase of own shares as there are sufficient reserves in the company to allow this.

At the moment the divorce is proceeding fairly amicably and husband and wife are both content to instruct me to produce a valuation of the shares. I worry however that once I have produced a valuation things could become nasty – I can imagine the husband turning round and saying that my valuation is too high and equally I can imagine the wife arguing the opposite.

I’m sure that other readers have faced the same problem....