How to dissolve a marriage, not rejected by the business?

All weddings are alike, but every divorce is interesting in its own way. Will Rogers, American humorist, writer, actor about life in general once 10 years ago, you sold your swallow - the car to open the business, and his wife's relatives chipped in every village to purchase the first batch of goods, you are a spouse is not what thought in one direction, you breathe the same air, and could not even think that the word "divorce" may be relevant to you at least something to do. How long has it been, and certainly none of you imagine that after so many years, the collapse of family life threatens to ruin your entire business, which has already gained considerable momentum. On marriage, business and divorce Reinforced concrete rule: the marital property is divided in half (part 1 tbsp. 34 of the Family Code). In the case of divorce, the parties have to divide in half not only the "business", but revenue from its activities, accumulated in bank accounts, deposits, in the form of securities and dividends. BUT! When divorce is divided property, not business relationships, important contacts, passwords are the keys to internet banking, etc., and this, as they say, are two big differences. Many lawyers have argued that business is much safer to create a legal entity, not acting as an individual entrepreneur, as in the establishment of the Company have an opportunity to limit the number of founders, and, therefore, to prevent interference of unwanted persons in the affairs of the company. If one spouse is the owner of the company, the shares of its stake in a legal entity, regardless of to whom the spouses have been obtained (Section 2 of Article 35 of the Family Code). Of course, you can include in the Charter of the condition that entry into it is only possible to address all of the founders. However, each Wise Man Stumbles, and paragraph 3 of Article 38 of the Family Code provides that proof, obliging one of the spouses to pay an equivalent compensation. BUT! Corporate property remains for him, and therefore the assets that allow to do business, so it is often advantageous to obtain a share, rather than monetary compensation, provided that you are an organization is not burdened with debt and not on the verge of bankruptcy. This condition is important for those who are actually willing to work, not just warm to the work of the former spouse. All about everything is given three years, so if you have views on the business of the former spouse, but do not play in the nobility and to delay the division of property. So it will be fairer and more efficient. BUT! If, after years of foot you accidentally found out that your ex at the time of marriage, secretly, and without supporting documents are available to you, it was purchased expensive equipment is not delivered to the balance: the machine, computer, car and truck, scooter or samovar - feel free to contact to court and recover half the cost of the property. How not to become "divorced" after a divorce: If you have signed and agreed to the world, how and what to share, the agreement on the division of business must be notarized. If you did not solve all the world, not stingy, and hire an experienced lawyer can save your nerves and more likely to win the case. Radel business - purely material issue, and the value of the assets may fluctuate in a big way, if you feel that one of the parties deliberately understates / overstates the cost of the sludge other parts of your business: space, office equipment, furniture, fixed assets, then boldly seeks for examination. Charge her professional and competent appraisers in good standing. Not teshte a reliable that you can seize 99.9% of the business, this does not happen, the judge just might tip the scales in favor of one spouse if: tangible evidence of his dominant participation in business, in special circumstances, such as minor children or heavy disease. Is it worth it to spoil relations with the loved one because of some 5% stake in the business? Another thing, when he earned squander your money in casinos and bars, or when, on the contrary, some people froze in the winter on the market at a time when she was basking in the Maldives. It is worth to fight for justice and eager to leave slack in the nose. That's handy when paid vouchers, evidence of business partners, bartenders and other witnesses. Hence, the following pattern: the more business documents signed by you, the greater the contribution you make to the development of business and the greater your chances of success in court. With whom marriage: you or your business? What do those who marry have a ready-made business, bringing a good income? Protect themselves from attacks on the mercantile business will competently composed the marriage contract, which exhaustively spelled out all the details and conditions. Remember that this document is subject to the rules of civil and family law, and therefore may not contain provisions contrary to the data sets of laws. It is possible that apart even at the crossing point over the whole of the famous letter of the alphabet will serve as the pillars on which the firm will keep your marriage for many, many years. In any case, when choosing a life partner trust only their feelings and intuition, as a rule, business people, it rarely fails. I want to warn those who think that if the business was open before marriage, then he is insured against the claims of the former second half. It's not quite true. Indeed, the founder of the company need not worry about the previously acquired shares, but the sole proprietor will have to take care of the evidence base for the property, which he got before the marriage. These are real estate, fixed assets, cash register, in the end. Entrepreneurs without legal entity will have documentary evidence that was in his property before marriage, and it was easy come together. With regard to income in cash dividends, gold bullion and other liquid assets, then a part of them, just a half, will have to share with your spouse or former spouse, if such income accumulated in the accounts and deposits belonging to the entrepreneur personally. To not rejected many businessmen to protect their business from baseless, according to them, assault of ex-spouses rewrite their businesses to relatives, founders' shares are sold for a symbolic sum, declare themselves bankrupt and have resorted to other methods samoobedneniya. As the jurisprudence shows, such methods of the ambulance are efficacious, but be ready to test the legality of the commission of such acts without the consent of the spouse and to the recognition of such transactions void. So close and threatening to the phrase "attempt to enter the court in error." Portrait Portrait diluted diluted Business Business miserable, he - like abandoned child: scarred, and therefore most vulnerable to external threats. Businessmen and human rights activists agree that divorce negatively affects the situation in the business. This concerns not only the financial component, but also the emotional state of the first persons of the company. Note that in case of divorce, your business will experience stress along with you. Are both of you for this? It should be recognized that a legitimate basis are not yet sufficiently strong, developed and is effective against this kind of affairs, so long as the jurisprudence did not work, try not to bring to the walls of Themis that can be solved by negotiations. A judge of that? Wait a thorough debriefing should not be, until the judges are not at risk, and they divide more evenly than on equity (in terms of the entrepreneur), supports them in the letter of the law. However, as regards the share of charter capital in the common property of spouses, then there can be to war. The jurisprudence of the sum on the basis of their non-property owner's share of participation in society, hence the decision on the incompetence of claims in the second hand on such a tasty morsel. Options for a divorce without losses: 1. Optimal. Sale of common cause to third parties and the distribution of the proceeds in equal shares. 2. Humane. Continue to do business together, leaving the personal relationships involved. The impetus for such a solution of the problem can serve as an everyday necessity in a joint education of children, and purely business forecasts and prospects of the case.