Divorce of the BUSINESS OWNER

The divorce of a business owner or a liberal professional raises unique issues, combining family life and professional assets.
MaƮtre de Polignac, accompanies you to secure your interests and preserve the future of your company during a separation.

Support within the firm

Step 1
Making contact
During an initial contact by email or telephone, we obtain a first overview of your situation and your problems in order to ensure that the firm will be in a position to provide you with the expected answers.
Step 2
CONSULTATION
During our first appointment, we explore possible procedural options, their consequences, and solutions to protect your interests. The determination of the strategy can begin during our interview, and will be refined after receiving and analyzing the elements of the file.
Step 3
Follow-up
Throughout the amicable or litigation procedure, we remain available and responsive. We guide you with rigor and expertise, while listening and caring, so that you are always informed and supported.

SOME EXAMPLES OF SITUATIONS:

Business protection: Strategies for maintaining business continuity during and after divorce.

Valuation of assets: Precise assessment of your business, shares, assets and customers.

Matrimonial regime: Analysis of the impact of your matrimonial regime on the division of the business.

Sharing negotiation: Solutions to avoid the forced sale of the company (payout, preferential allocation, compensation).

Divorce and business leaders: challenges and support

The divorce of an entrepreneur or a liberal professional often goes beyond the problems of a traditional divorce. The assets to be protected are not limited to personal assets: shares, real estate allocated to the activity, professional bank accounts and intellectual property rights are being liquidated.

One of the first steps is to identify and value all the professional and personal assets of the company manager. This analysis makes it possible to determine which shares of the business can be considered as marital property and therefore subject to distribution. The intervention of a specialized lawyer makes it possible to secure the distribution and to prevent the company from being fragilized.For SARL, EURL or civil companies, divorce can lead to the sharing of shares between spouses. It is essential to determine the equity claim and to assess financial and control rights. In some cases, the establishment of temporary joint ownership or specific agreements can protect the business without compromising the functioning of the company.

Self-employed entrepreneurs and liberal professions must also anticipate the impact of divorce on their turnover, professional debts and tax obligations. Each decision to liquidate, transfer or repurchase shares can have direct consequences on the viability of the company. The firm supports business leaders at every stage:
-Complete audit of professional and personal assets,
- Valuation of shares and calculation of the equity debt,
- Amicable or contentious negotiation,
- Drafting agreements and securing transfers,
- Tax advice to minimize the impact on the business.

Thanks to this integrated approach, it is possible to preserve professional assets, ensure the business continuity and protect family assets, while respecting your rights and obligations. Each divorce is unique: the firm's experience makes it possible to offer tailor-made solutions, adapted to the complexity of the business and to the personal situation of the company manager.

Lisa Grayer assists business leaders and liberals in divorce proceedings involving complex financial and professional issues, thanks to a background and expertise in family wealth law. It accurately analyzes corporate structures, financial flows and the impacts of divorce on professional activity.
Its support is based on close partnerships with accountants and corporate law lawyers, making it possible to anticipate economic risks, to secure the company and to preserve the personal and professional interests of the manager.

Focus on the 4 items

Our first tips

Anticipate by choosing a protective matrimonial regime as soon as you create your business or at the time of marriage.
Have your business evaluated by an independent expert in order to have an objective and defensible valuation.
Never mix personal and professional assets to facilitate separation in the event of divorce.

Frequently asked questions

Can my spouse claim half of my business?
lineline
It depends on your matrimonial regime and the date of establishment of the business. In community, the business created during the marriage can be considered a common good. A lawyer will analyze your situation to determine each person's rights.
How do I avoid selling my business during a divorce?
lineline
Several solutions exist: pay a pension to your spouse, obtain preferential allocation from the company, compensate with other assets. A specialized lawyer will negotiate the most appropriate solution for your situation.
What matrimonial regime best protects my business?
lineline
The separation of property regime is generally the most protective for business owners. It makes it possible to keep the company out of the common assets and limits the risks in the event of divorce or professional difficulties.
How to value a business during a divorce?
lineline
Valuation requires the expertise of a professional (chartered accountant, auditor) who will use several methods: asset value, profitability, comparison with similar businesses. The lawyer will ensure that this assessment is fair.

Do you have another question?

mcdp.law@gmail.com
07 65 75 38 21