Divorce and assets distribution

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Marsh04
Posts: 345
Joined: Tue Nov 11, 2014 10:04 pm

Divorce and assets distribution

Post by Marsh04 » Thu Feb 28, 2019 3:20 pm

In a divorce case where there are no children, no disagreements and no fights, how does the distribution of assests work?

Let's say the husband owns a company (osakeyhtiö), where the wife doesn't have any shares, and doesn't intend to claim anything from the company after the divorce, how does it work? Is there any forced distribution? Any issues with taxman? The wife has been working in the company as an employee and might continue working at least for some time after the divorce. But doesn't intend to claim anything after the divorce. So how does it work ?



Divorce and assets distribution

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Upphew
Posts: 10392
Joined: Tue Apr 08, 2008 10:55 pm
Location: Lappeenranta

Re: Divorce and assets distribution

Post by Upphew » Thu Feb 28, 2019 3:50 pm

Marsh04 wrote:
Thu Feb 28, 2019 3:20 pm
In a divorce case where there are no children, no disagreements and no fights, how does the distribution of assests work?

Let's say the husband owns a company (osakeyhtiö), where the wife doesn't have any shares, and doesn't intend to claim anything from the company after the divorce, how does it work? Is there any forced distribution? Any issues with taxman? The wife has been working in the company as an employee and might continue working at least for some time after the divorce. But doesn't intend to claim anything after the divorce. So how does it work ?
I'd seek legal advice. But easy way around the 50-50 rule would be a prenup. Do it, file for divorce, split the assets according to prenup.
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Marsh04
Posts: 345
Joined: Tue Nov 11, 2014 10:04 pm

Re: Divorce and assets distribution

Post by Marsh04 » Thu Feb 28, 2019 4:36 pm

Can a prenup be done after the reconsideration period has lapsed? After the reconsideration period but before the final filing?

Yes, legal advice is needed but for common advice/suggestions asking here.


betelgeuse
Posts: 2953
Joined: Thu Aug 29, 2013 1:24 am

Re: Divorce and assets distribution

Post by betelgeuse » Thu Feb 28, 2019 8:53 pm

Marsh04 wrote:
Thu Feb 28, 2019 3:20 pm
Let's say the husband owns a company (osakeyhtiö), where the wife doesn't have any shares, and doesn't intend to claim anything from the company after the divorce, how does it work? Is there any forced distribution? Any issues with taxman?
There is no forced distribution and it does not result in any tax liability. I recommend that a lawyer drafts the documents.

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Marsh04
Posts: 345
Joined: Tue Nov 11, 2014 10:04 pm

Re: Divorce and assets distribution

Post by Marsh04 » Thu Feb 28, 2019 10:48 pm

but if there is no forced distribution and no tax liability then no document is needed. File for divorce and take your ways?


tavastia
Posts: 415
Joined: Tue Mar 08, 2016 1:54 pm

Re: Divorce and assets distribution

Post by tavastia » Fri Mar 01, 2019 10:53 am

You don't need any layer if you have nothing to argue about the assets, just fill the divorce and goodbye after 6 months.


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