Divorce: What consequences for a company?

A marital separation can have very serious tax consequences and require a business manager to sell, liquidate or bankrupt his company.firma contrato

In the region of Andalusia, in 2014 there are more than 17,000 divorces against 16,000 in 2013. The decline in divorces is more notable when comparing these figures with those of 2012, year in which divorces exceeded 20,000 in the Andalusian region, according to the INE (National Institute of Statistics – Spain). Specifically, in Malaga province, there were 3,568 divorces in 2014 against 3,582 in 2013.

Alongside this, there is also a decline in corporate bankruptcies in the same areas with a fall of 21% of liquidations between 2014 and 2015 in the region of Andalusia, going from 705 to 559. The province of Malaga account for her 111 bankruptcies for 2015.

Of course we cannot link these two trends. That said, these trends are good news for businesses in the region. The local economy is better and the decrease in divorces is indirectly as favourable when it is known that separation can destroy a business.

During a divorce, division of property between spouses can undermine a company when the amounts involved are very important. As part of the operations of liquidation and division of the matrimonial regime, the company will be an asset with a particular fate, especially when its operation requires professional skills or a degree. The nature of the matrimonial regime of the company’s chief will have a vital impact.

The situation is more delicate hand when the leader of company does not sign a marriage contract and that he would consequently subject to the legal regime of community property. On this occasion, the spouses often become aware of the implications of the rules of the matrimonial regime and regret not having consulted their lawyer before the wedding!

The idea is therefore to protect themselves and to be providing consulting divorce lawyers in Marbella like the law firm Rafael Berdaguer Abogados.