Family law

Settlement of the prenuptial agreement

If you were married with a prenuptial agreement, the articles of the agreement will contain all the agreements applicable in the case of divorce. Mostly, those agreements were made many years ago and the question always arises as to the extent to which those agreements have been fulfilled over the years.

Inventory of contents and consequences of the prenuptial agreement

In the case of divorce with a prenuptial agreement, we will go through the contents of the prenuptial agreement with you and advise you on what we consider to be the most appropriate manner in which to settle the prenuptial agreement. What exactly is covered in the prenuptial agreement and what are the consequences? This provides a clear point of departure on everything that needs to be organised before the divorce and what you need to take into account from a legal perspective.

Entrepreneurs and Divorce

If one or both partners is/are entrepreneurs, the first question that invariably arises is whether the business assets should be divided/settled. If so, the actual distribution will depend on the contents of the prenuptial agreement. In addition, in the case of a divorce, certain company law and financial aspects may also play a role and should not be neglected. 

The most common issues are:
-    Should the (value of the) business be divided or settled in the case of a divorce? If so, how should the value of the business be determined?
-    How to deal with the pension agreements?
-    How is alimony determined?
-    Should it only be determined based on the salary of the director and majority shareholder or should the income represented in the current account and/or dividends also be taken into consideration?
-    To what extent should the liquid assets in the company be released for the division/settlement and/or the alimony?
-    Are there any inconsistencies between the annual figures during the year of divorce and other years? 
 
We have a lot of experience and specific knowledge in counselling divorcing entrepreneurs. To be able to do so, we rely on a large network of professionals that includes notaries, accountants and tax consultants.

Counsel in the establishment of a prenuptial agreement

We do not only provide counsel and advice in the case of divorce, but also help partners make well-considered choices concerning their matrimonial property regime at the beginning of their relationships. This can be done in the form of counsel for one of the partners or in the form of mediation.