pts20230223007 Business/economy, politics/law
Divorce lawyer Mag. August Mardetschläger knows how companies can be protected from splitting up
Vienna (pts007/02/23/2023/09:00) –
In the event of an upcoming separation, company owners in particular should consult a competent lawyer so that their own company is not split up in the course of the divorce. Good to know: A decision by the Supreme Court (OGH) in 2022 will now enable company owners to protect themselves from such a breakup and division in the event of a divorce. “According to § 82 1 Z 3 EheG, income from companies or foundations after the divorce is now expressly withdrawn from division. Only when company income is converted into usable assets can it be divided again in the divorce. The transfer of assets created in the marriage into a According to §§81 ff EheG, a foundation is no longer possible,” emphasizes divorce lawyer Mag. August Mardetschläger, who oversees many similar cases involving the distribution of assets.
Divorce expert Mag. August Mardetschläger knows how to protect companies from splitting up due to divorce
The experienced Viennese divorce lawyer has often been able to protect large assets from access. “In my consultations in the course of a divorce, clients learn how to protect their company or foundation from dividing measures. The OGH case law stipulates that when the assets of upcoming spouses are distributed, the contribution that each side made to the common achievement must be taken into account. In principle, company assets and foundations that existed prior to the marriage remain untouched,” says Mag. August Mardetschläger.
OGH protects company assets and foundations from division in the event of divorce
Entrepreneurs in Austria can feel confident because the Supreme Court (OGH) protects them from the division of company assets and foundations in the event of a divorce. According to this current OGH decision, the contributions of both spouses with regard to the marital achievement must be taken into account when dividing the assets of the married couple. If company assets or foundations already existed before the marriage, these will also not be divided under any circumstances.
Advice from the divorce attorney: Be sure to seek legal advice
Regardless of whether you are a man or a woman: If you are planning a divorce, then you should consult an experienced lawyer, especially as an entrepreneur, so that there is no rude awakening and your own company is suddenly broken up when the assets are divided.
information and advice under https://www.scheidungs-anwalt.at or by phone 01 3460897 or via email: august@mardetschläger.at.
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