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How to Protect Business Separation Agreement

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Divorce can be particularly stressful for business owners, given the complexity of the legal considerations involved. According to Family Law Partner Sarah Atkinson, how a business is treated in a divorce varies based on its structure. Sole traders have a simpler situation since the business operates under the individual's name, making valuation straightforward. However, businesses with partnerships or corporate structures present more challenges. In some cases, only the income generated by the business is shared during the divorce, rather than counting both the capital value and the income stream, as combining both would be unfair to the business owner. The focus remains on sharing the income long-term with the spouse.

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Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.

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Can your spouse take half your business in a divorce?

When a divorce occurs and a business has been incorporated, a spouse can take the company by receiving assets used by the business or by dividing shares in the corporation. Legal guidelines set by the Family Property Act dictate that assets are generally to be divided equally between partners.

How can I protect my business from divorce in Canada?

How You Can Protect Your Family Business During a Divorce in Canada Contract Before Marriage. Freeze Net Family Property. Buy Shares With Excluded Property. Give Options to Those Without Ownership Interest in Your Business.

What voids a separation agreement?

A separation agreement must be entered into freely, fairly and voluntarily. If it can be proven that there were physical, verbal or psychological threats during the negotiating and signing of the terms, the agreement may be thrown out by the Courts.

How do I protect my business before divorce?

Create a Prenuptial Agreement or Marriage Contract It is important to note that within the prenup contract, you should be adding a term stating that the business is a separate entity and should remain separate from the marriage unless the designated owner chooses otherwise.

Is there any way to protect assets from divorce?

The best way to protect your assets is by way of a prenuptial agreement. These agreements outline the separation of property upon a marital breakdown, amongst other things, and have the power to vary the rules of property division.

Is my wife entitled to half my business if we divorce Canada?

How a business is divided upon divorce. Generally, family law in Canada allows for the non-owner married spouse to receive the equivalent of half the value of the business portion that was acquired during the marriage, unless the shares were excluded in a marriage agreement.

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