Experienced legal counsel to protect your business assets in matrimonial and family disputes.
When separation or divorce involves a business, understanding how corporate assets are treated is necessary to ensure a fair outcome. Our experienced legal team provides focused guidance on the complex issues that can arise, including business valuations, shareholder agreements, and the impact of corporate structures on property division.
Matrimonial and corporate family matters typically involve divorces or separations where significant assets are held within a corporate structure, necessitating legal counsel to navigate complex financial and ownership issues.
Mincher Koeman provides experienced legal counsel for corporate asset division through divorce and separation. We offer:
When a marriage ends and one or both spouses have an ownership stake in a business, the division of assets becomes significantly more complex.
Unlike readily divisible personal property, corporate assets often require specialized valuation to determine their fair market value. Factors such as retained earnings, goodwill, and potential tax implications all play a role in this assessment and require a legal team with a keen understanding of both family and corporate law.
Valuing a business for divorce purposes often requires a professional business valuation. This process can consider various factors such as the company’s assets, liabilities, earnings, market conditions, and goodwill. The specific method used will depend on the nature of the business and its industry.
Shareholder agreements can significantly impact how a business interest is divided in divorce and separation. These agreements contain clauses regarding the transfer or sale of shares upon the divorce of a shareholder, potentially outlining a specific valuation method or buy-sell provisions that the court will consider.
Not necessarily. Alberta courts prefer to avoid disrupting viable businesses during divorce and separation if possible. Options such as one spouse buying out the other’s interest in the business, or restructuring ownership, may be explored. The feasibility often depends on the business’s financial situation and the couple’s overall asset division.
Your path to legal clarity starts here. Let’s explore your legal options together.
Take control of your legal situation. Reach out to our team to begin the conversation, and we’ll help tailor a legal strategy that promises the best chance of success for your case.
