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How To Protect A Business From Divorce?

Posted by Unknown | Jan 04, 2021 | 0 Comments

how to protect a business from divorce

Drama-Free Divorce is your one-stop resource if you need information on "How to protect a business from divorce?" Our team is committed to answering your questions and finding solutions that fit you perfectly. Our financing options begin at $500 per month for residents in Kansas City and Missouri/Kansas, with no hidden costs. Our pricing structure is transparent so there won't be any unpleasant surprises later.

Drama-Free Divorce takes pride in alleviating stress during divorce proceedings. We accomplish this by limiting court appearances or eliminating them entirely whenever possible. Our compassionate legal team offers support and professionalism throughout this trying time - we know firsthand the emotional struggles this process entails.

Divorce can be an emotionally taxing and financially challenging experience for anyone, but especially for business owners. After investing time, energy, and resources into building your company, now you want to ensure it remains intact as you navigate the waters of divorce. We will explore why protecting your business when divorcing is essential, answer frequently asked questions such as whether your spouse has the right to half of its value, as well as provide practical steps that can protect entrepreneurial dreams.


Why is it important to protect your business when you divorce?

Divorce can be emotionally and financially taxing, with even more at stake when there is a business involved. Protecting it is of utmost importance.

  • Financial Stability: Your business could be the primary source of your income and financial security, so protecting it will guarantee that.
  • Maintain Your Vision: After years of hard work to establish and grow your company, divorce should not compromise its vision or the hard-won success that it represents.
  • Maintaining Employee Jobs: Your business doesn't just affect you, it employs individuals whose livelihoods depend on it too. By protecting it, their livelihoods will also be safeguarded.
  • Avoid Legal Battles: Failing to properly protect your business could result in expensive and lengthy court cases during divorce proceedings.


Is a Business Considered Marital Property?

How your business fits into marital property depends on a range of factors, including its date and source of funding.

  • Premarital Business: If your pre-marital business was kept separate from marital assets, it may not be considered marital property.
  • Post-marital Business: If your business was started during marriage and used marital funds to finance its establishment, it may constitute marital property.


How Much of My Business Will My Spouse Receive in a Divorce Case?

In most jurisdictions, divorce asset division is determined through equitable distribution. Your assets will be distributed equitably but not necessarily evenly. Taking into account factors like length of the marriage, contributions made by both spouses and value of the business as factors in decision-making.

Follow these steps to safeguard your business against being split in two:


How to Protect Your Business Against Divorce?

  • Prenuptial and Postnuptial Agreements: Draft a prenuptial/postnuptial contract outlining the terms of your divorce settlement to provide significant protection to your business and ensure its longevity.
  • Keep Accurate Records: Maintain accurate records of all business finances including income, expenditures, and investments to provide evidence of its unique identity and value. These documents can demonstrate both how your business was founded and its potential growth potential.
  • Fair Business Value: Consult an appraiser in order to ascertain the fair market value of your business, which will assist in negotiations and ensure an equitable division.
  • Separate Personal and Business Finances: Your personal finances must remain distinct from those of your business. Avoid using money earned from business operations for personal expenses as this may confuse the lines between personal and professional assets.
  • Consider Drafting a Buy/Sell Agreement: A buy/sell agreement is designed to outline what will happen with your business if and when your marriage ends. This will prevent your former partner from becoming part of it.


Why hiring a divorce attorney is better than going without an attorney?

Divorcing without legal representation is a risky business, which is why having legal representation during this process is essential. Hiring an experienced divorce lawyer will make your experience smoother:

  • An attorney with expertise in family laws will understand the complexities associated with divorce proceedings and how businesses affect them.
  • Attorneys possess proven negotiation skills to assist their clients in reaching the optimal result in asset division.
  • An attorney can offer an objective perspective, helping you make informed decisions during times of emotional stress.


When should you hire an attorney?

As soon as you realize a divorce could impose significant financial effects, consult an attorney immediately to protect and advance your interests. Early engagement will enable you to better strategize.


What criteria must be met in order to select an effective lawyer?

Selecting the proper lawyer is of utmost importance, so here are a few qualities you should look out for when searching.

  • Locate an attorney with expertise in both family law and business cases.
  • Do your research, read reviews, request referrals, and ensure the attorney has an impressive track record.
  • Communication is key, select an attorney who listens carefully and responds promptly to your needs.


Why Choose Drama-Free Divorce?

Drama-Free Divorce specializes in handling complex business divorce cases with our experienced team of attorneys who are committed to safeguarding and protecting the interests of each of their clients, who have consistently seen positive outcomes from us.


Suggestions for Action

In the event of a divorce, protecting your business is crucial to ensure its continued financial health and continuity. Here are some actions to take:

  • If you are considering divorce and it involves business matters, seek legal advice as soon as possible.
  • Keep meticulous financial records.
  • Protect your business assets by entering into prenuptial and postnuptial agreements.
  • To ascertain its value, a fair evaluation can be used.
  • Separate personal and business finances
  • Consider entering into a purchase-and-sell agreement between business partners.

Drama-Free Divorce can provide the advice and measures necessary to secure your future and business, helping you at every step. We will always be with you through each phase. Contact us today at 816 615-5555 or send us an email on our Contact Page.

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