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Publication date: 29.04.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
Joint business of spouses is a frequent phenomenon in the modern world. However, when spouses divorce, the question arises of the division of the business and its assets. Ukrainian legislation has certain rules and procedures for solving this problem. Let's consider the legal aspects and procedures for the distribution of joint business of spouses in Ukraine.
Ukrainian family law provides that property acquired during marriage is shared. This means that in the event of a divorce or dissolution of marriage, the property must be divided between the spouses according to the general principle. This principle also applies to a business, if it was founded or developed during the marriage.
If the spouses cannot agree on the division of the business voluntarily, the dispute can be resolved through the courts. The property distribution procedure may include the following steps:
Filing a lawsuit: One of the parties files a lawsuit in court with a demand for the division of the joint business and its assets.
Hearing: The court hears the case and analyses all the evidence and arguments presented by the parties.
Making a decision: The court makes a decision regarding the distribution of property, which may be binding on both parties.
When resolving a dispute about the division of a spouse's business, the court follows several criteria, such as:
Contribution to the business: The court takes into account the contribution of each spouse to the creation and development of the business.
Financial needs of the parties: The court pays attention to the financial needs and capabilities of each of the parties when dividing property.
Careful attitude: The court takes into account the caring attitude towards children and other involved persons during the distribution of property.
Another important aspect in the division of the joint business of the spouses is the consideration of all financial relationships between the parties, including debts, loans, and other financial obligations. A lawyer can also help in solving controversial issues arising in connection with business operations, such as asset management, contracts with suppliers and customers, as well as optimization of tax obligations. Knowledge of these aspects allows a lawyer to provide full support to his client during the court process and achieve the most favourable result.
Let's consider another important aspect: the division of the business may be accompanied by the settlement of issues regarding the management of the enterprise after the divorce. This may include entering into a joint management agreement or giving one spouse full control of the business. A lawyer provides legal support during the conclusion of such agreements, ensuring the protection of his client's interests and compliance with all legal requirements.
The role of the lawyer in this process is extremely important. A lawyer provides legal support and advice to his client, helps prepare the necessary documents and arguments for the court process, and also represents the client's interests in court. Division of joint business of spouses, division of business of spouses, divorce division of business.
In conclusion, the division of a joint business of spouses in Ukraine is a complex legal process in which the role of a lawyer and compliance with the procedures established by law are important. Knowledge of legal aspects and procedures will help spouses effectively resolve disputes and achieve a fair division of property.
