Company and Business Sharing in Divorce: Legal Methods and Solutions
The divorce process can involve not only personal assets but also joint companies and businesses. Company and business sharing is a complex and sensitive aspect of the divorce process. In this article, we will discuss in detail the legal methods and solutions for company and business sharing in divorce.
Basic Legal Principles in Company and Business Sharing
How to share companies and businesses in a divorce involves many legal and financial elements. It is important to understand the basic legal principles that should be taken into consideration in this process.
General Principles Regarding Assets
Joint Assets: During a divorce, joint assets that should be shared between spouses are generally subject to the acquired property regime. Companies and businesses are also evaluated within this scope.
Equal Sharing: According to the Turkish Civil Code, the basic principle is to share the acquired assets equally during a divorce. However, company and business sharing may contain deviations from this principle.
Company and Business Assets
Company Capital: During a divorce, the capital of a company or business may be subject to joint sharing. The determination and sharing of the company’s value is made based on this capital.
Separation of Personal and Commercial Assets: It is important to separate company and business assets from personal assets. Personal assets should be considered separately from company assets.
Legal Methods in Company and Business Sharing
There are various legal methods in company and business sharing. These methods aim to provide a fair and lawful sharing.
Company Valuation and Analysis
Company Valuation: During a divorce, it is necessary to determine the value of the company or business. This can be done by an independent valuation expert.
Financial Reporting: The company’s financial situation and financial reports are evaluated as part of the valuation. These reports play an important role in the sharing process.
Resolution of Disputes
Negotiation and Compromise: A compromise can be reached in the company and business sharing by negotiating between the parties. This can be used as an out-of-court solution.
Mediation: Mediation is a method that helps resolve disputes between parties. In matters of company and business sharing, the mediator can find a fair solution.
Court Lawsuit
Filing a Lawsuit: If the dispute between the parties cannot be resolved, the court can be applied. The court can provide a fair solution in matters of company and business sharing.
Court Decisions: Court decisions are binding on the sharing and management of the company. These decisions include legal regulations that the parties must comply with.
Standout Solutions in Company and Business Sharing
There are various solutions that can be applied in company and business sharing. These solutions may vary depending on the needs of the parties and the characteristics of the company.
Sale or Transfer of the Company
Sale of the Company: The company or business can be put up for sale during the divorce process. The income obtained is shared between the parties.
Transfer of the Company: Transferring the company from one spouse to the other can also be a solution. This can be done depending on the agreement of the parties.
Share of Company Shares
Share Shares: Shares can be shared between the partners of the company. This allows both parties to have a say in the future of the company.
Share Valuation: In share sharing, share valuation and distribution should be done carefully. This is important for a fair share.
Regulation of Management Rights
Management Rights: The company’s management rights can be rearranged between the parties. This provides clarity on the company’s operation and management.
Decision-Making Powers: Along with management rights, decision-making powers can also be shared. This affects the company’s future strategic decisions.
Things to Consider in Company and Business Sharing
In company and business sharing, it is important to carefully carry out legal processes and agreements.
Legal and Financial Consultancy
Expert Consultancy: In company and business sharing, it may be useful to receive legal and financial consultancy. Experts provide guidance on correct valuation and fair sharing.
Documentation: In the sharing process, all documents and agreements must be documented correctly.
Communication and Understanding Between Parties
Communication: Open and effective communication between the parties can facilitate the sharing process. Good communication can help reduce disputes.
Understanding: Mutual understanding and cooperation between the parties makes it easier to find a fair solution.
Sharing a company and business in divorce is a complex process, both legally and financially. There are various methods and solutions such as company valuation, share sharing, and regulation of management rights. Lawyers and financial advisors can help manage this process correctly and fairly. By receiving legal and financial guidance, the parties can make the process more manageable and fair through open communication and agreement.