Drawing up a prenuptial agreement to protect your company
Many entrepreneurs do not realise that prenuptial agreements can save their business. If you have a business or want to start one, I would advise you to have a prenuptial agreement drawn up or to have it reviewed.
Of course, you think: "What a lot of work, that will come". After all, it is not a pleasant subject and it costs money. But then you realise that almost 40% of all marriages fail. All too often, it turns out that when a marriage fails, ex-partners find it very difficult to make reasonable arrangements. That risk is even greater if your business is doing well. If no agreement can be reached, the costs will really get out of hand.
Married without a prenuptial agreement
Are you married without a prenuptial agreement? Then your husband or wife is automatically co-owner of your company. This means that in case of a divorce half of your company goes to your ex-partner. Experience shows that it is not realistic for both partners to jointly continue the company. The only solution is then to buy out one of the two owners. Usually, the continuity of the company is seriously jeopardised by this.
Drafting or revising the prenuptial agreement is therefore no superfluous luxury.
What should you lay down in a prenuptial agreement?
Good conditions go beyond protecting the spouse against creditors or bankruptcy. To avoid ambiguity, the following must be laid down in the conditions:
- How is the value of the holding calculated?
- What should be done with the undistributed/spent profits;
- How and under what conditions must settlements and payments be made after divorce.
Your partner also benefits from good conditions: if the business continues to exist, this in turn affects the partner's alimony.
Protect your business
Make sure your company is protected against personal circumstances and have your prenuptial agreement checked by one of our specialists. Call 026 - 35 22 888 or e-mail familierecht@dekempenaer.nl. You are also welcome to visit our free walk-in consultancy on Fridays from 12.00 to 14.00 hrs.
