Divorce deals a big blow to the emotional state of the mates in most countries. This method can be followed by intense and prolonged disputes, a lot of disagreements, problems in solving common points, and yet warnings. Divorcement procedures are becoming pretty questionable for families that have an established business, or if one of the spouses has their own business. The thematic of the divorce of commercial and related assets is one of the most difficult. So, nowadays, we will attempt to assume all the things related to this challenging issue.
How to Defend Your Business Before Matrimony?
An untrained or beginner businessman infrequently guesses when entering into matrimony about creating just ways, to guard his or her project from the obstacles that may arise if the agreement will not be lengthened and happy and as in an oath, will not last “till death do spouse part.” Even accomplished businessman may do not carry about new ways that would save his/her business during divorcement, because when the heart is filled with love, it seems that your second half will never do any harm to you. Regrettably, love rarely lives always, moreover, because of such a thing as “the human factor” no one can predict all the outcomes of universal life.
People make a lot of misconceptions. Some of them come out accidentally; some are committed under the authority of resentment or because of the influence of unlawful people. Since, before entering into matrimony, it is necessary to consider potential opportunities for the development of living collectively.
The only and most reliable option is to conclude a marriage contract. It is thanks to this document, and each spouse will be able to live peacefully in marriage, knowing that during a divorcement, they will receive exactly what is written in this contract, and not a drop less.
This document allows the spouse, who owns the business, not to worry about the fact that during a divorcement he or she will lose some part of own project, in which a lot of strength has been invested.
During the signing, this type of document, the best way for the spouses is to turn to lawyers who can competently draw up a report in which the partners can be entirely sure. Sincerely, love feelings can interfere with rational thinking, because of this the help of a lawyer is essential for the mates to perceive the situation from different sides, as well as to think constructively.
Ways to Preserve Marriage and Business
Doing a joint business can become a big problem for a couple. Making everyday decisions that affect the financial well-being of the company often leads to conflicts that continue even in the home environment. Such disputes can lead to the fact that the couple no longer feels that thrill and romance, and as a result, the spouses decide to divorce.
Nevertheless, before filing for divorce, there are some tips for those people who want to save their confidence and develop their business.
1. Do not take company arrangements at home. This turns your average, marital home into an office where the spouses feel like workers, not as husband and wife. The house should persist in the house, and all business matters should be resolved particularly in the workplace. The same applies to work papers. For example, in the living room, or on the kitchen table there is no place for work papers.
2. Keep your sensations. If the spouse does not participate in the business, you should try not to bring your discontent at the home. It will be awe-inspiring if you come home in the wrong mood that was spoiled by your employees or clients and harm your spouse with the common phrases. Mates must share what worries them, what causes dissatisfaction, or vice versa, what gives joy. No one can use the family as a place to throwing out negative emotions.
3. Time collectively. The larger and more well-known the firm is, the more time it takes to develop and maintain the enterprise. This all leads to the fact that mates spend not enough time collectively. This situation can lead to the fact that the couple no longer perceives each other as a family, and will treat each other as business partners, which is damaging to matrimony. To avoid this, it is necessary to devote time for joint rest and pastime.
Is Divorce Inevitable? Save Or Even Increase the Capital of Your Company in Such a Situation
The real value of the business does not always coincide with the cost of capital, which is specified in the certificates. Factors such as determine the market value
A kind of action of the company (a product type which is made, or the sphere of the rendered services);
Availability and number of company assets;
Company attributes (fame, logo, reviews, demand for products or services)
All these factors affect the price of the enterprise in one way or another. To find out a more accurate value of the business, the spouse needs to contact the court accountant, who is a professional in the assessment of this kind.
In a divorcement with a division of the business, such an assessment is carried out on general, standard conditions. After which, the spouses must be determined with the way to divide the named amount. A business section on public grounds can take place in several ways.
The first option is to transfer half of the assets to the spouse. This option is relevant for spouses who are parting in a non-conflict way and can conduct business together.
The second option is to pay an amount equal to the value of that part of the capital, which is laid to the spouse after the divorce.
This option is useful for spouses who do not want to continue to contact in the future. To save and cause less harm to the company, the spouse who keeps the corporation for oneself can turn to an expert who can evaluate the capital of the company at the lowest possible cost.
The third option is to preserve the business in its sole possession fully. This option is possible only if the company belonged to one of the spouses before the mating, and during the cohabitation, the second spouse had nothing to do with this business, and all donations to the development of the project were made only by one spouse individually. Saving a company is also possible in the case of spouse misconduct, as a result of which the couple came to a separation. This may be infidelity, domestic violence, or the conviction of a spouse for misconduct.
How to Get a Part of the Business If the Verified Owner Is One Mate?
Quite often, the couple draws up the group on only one of the spouses. While family life and agreement are lasting between partners, it seems that everything is fine and you don’t have to worry. Though, at the moment when the marriage collapses, and the family is preparing the papers for divorcement, the cheating spouse wants to avoid the separation of the company and keep his/her right as the owner. This state of affairs is not surprising, because the division of activity leads to significant losses and costs. Many mates go to the tricks to maintain their sole proprietorship.
Still, when the second spouse also put a lot of effort and money into the community of the typical case, this path becomes obnoxious and misleading concerning the partner. To prevent fraud, and such an uncomfortable situation, a partner and a spouse whose name is not in the articles of association of an enterprise should be well-prepared to be able to defend own rights in court during the divorcement processes.
How can you do that? First of all, the spouse needs to make copies of papers and checks, which will testify to his or her contribution to the joint business in one or another way. It may be concluded contracts, support rendered or services to customers of the enterprise, copies of checks with contributions to the typical case.
All the essential papers are best done before the moment of publicity about the divorcement and before applying for a separation. This is because after the mate hears about the desire to separate, he/she may attempt to destroy the papers that connect the second spouse with the business. Such a situation will not allow the judge to look at the general location and make the right decision.
Matrimony is both a fascinating and challenging period. Precisely, like a business, it requires significant commitment and purchase. And when the mates combine their life and are running a traditional market, the task of keeping everything under control becomes much more complicated. Key features to consider in such circumstances are mutual understanding and support.
Do not forget about the main thing and identify that we have the chance to live only one life that we need to enjoy, and not to conduct internal fighting.