What have many self-employed in common? Often the answers are: They have a lot of money. They have expensive homes, cars, and watches. They are constantly on vacation. That’s all true. But another similarity is that many self-employed have a divorce. However, they are not alone. About 81 million people live in Germany. Nearly 50 percent of those are married. If one now looks at the divorces, the rate was 43.06 percent in 2014. In England, the situation is more or less the same. Today, there are around 53 million people. The divorce rate was nearly 47 percent in 2009. For the avoidance of doubt, a divorce of an entrepreneur is not a special type of divorce. However, it can become a real threat to the continued existence of a company.
Table of Contents
1. Company Law / Economic Law / Family Law
2. The divorces of entrepreneurs in Germany and England
Objectives and Research Focus
This assignment investigates the legal and economic implications of divorce for entrepreneurs, specifically comparing the frameworks in Germany and England. The primary research goal is to identify how differences in marriage law, asset division, and legal costs influence the financial survival of businesses during divorce proceedings.
- Legal requirements for divorce in Germany and England.
- Methods of asset division and alimony regulations.
- Impact of marriage contracts on business security.
- Comparative analysis of legal fees and expert valuation costs.
Excerpt from the Book
The divorces of entrepreneurs in Germany and England
What have many self-employed in common? Often the answers are: They have a lot of money. They have expensive homes, cars and watches. They are constantly on vacation. That’s all true. But another similarity is that many self-employed have a divorce. However, they are not alone. About 81 million people live in Germany. Nearly 50 percent of those are married. If one now looks at the divorces, the rate was 43.06 percent in 2014. In England, the situation is more or less the same. Today, there are around 53 million people. The divorce rate was nearly 47 percent in 2009. For the avoidance of doubt, a divorce of an entrepreneur is not a special type of divorce. However, it can become a real threat to the continued existence of a company. The equalization of surplus in the course of marriage is an economical explosiveness. For entrepreneurs, the divorce seems to be the worst nightmare. In many cases, a company must cease operations because the amount of alimony and equalization of accrued gains has the entrepreneur simply overwhelmed financially. This is especially true if the bank rejects accommodations and other financial resources are not available. Then is not only marriage, but also the company at the end. For this reason, it is important to have a competent lawyer. Family lawyers or commercial lawyers are well suited for these cases.
Summary of Chapters
Company Law / Economic Law / Family Law: This section introduces the legal definitions and the scope of the interdisciplinary comparison between the two national jurisdictions.
The divorces of entrepreneurs in Germany and England: This chapter provides a comparative analysis of the specific legal hurdles, financial risks, and procedural differences faced by entrepreneurs during divorce in both countries.
Keywords
Divorce, Entrepreneur, Germany, England, Economic Law, Company Law, Family Law, Alimony, Asset Division, Marriage Contract, Legal Costs, Pension Rights, Custody, Litigation, Business Sustainability
Frequently Asked Questions
What is the fundamental subject of this paper?
The paper examines the intersection of family law and corporate/economic law, focusing on how divorces affect entrepreneurs and their businesses.
What are the primary thematic areas?
The work focuses on legal divorce procedures, the division of marital assets, alimony structures, and the comparative costs of legal representation in Germany and England.
What is the main research objective?
The objective is to compare how different legal systems handle the financial fallout of a divorce for self-employed individuals to determine potential risks to company viability.
Which scientific methodology is applied?
The paper utilizes a comparative legal analysis, using case examples and statistical data to contrast German and English legal frameworks.
What topics are discussed in the main part?
The main part covers separation requirements, marriage contracts, alimony calculation, pension rights adjustments, child custody, and the high costs associated with specialized legal and expert services.
Which keywords define this work?
Key terms include Corporate Law, Divorce, Marriage Contract, Asset Division, Alimony, and Comparative Law.
How do divorce requirements differ between Germany and England?
In Germany, the one-year separation period is generally sufficient for divorce, whereas English law requires proving specific grounds or enduring much longer separation periods.
Why might divorce be a threat to an entrepreneur's company?
The financial pressure of alimony and the equalization of accrued gains can overwhelm the liquid assets of a company, potentially forcing it to cease operations.
How do legal costs compare for entrepreneurs in both countries?
Both countries feature high costs for specialized lawyers and expert consultants, though hourly rates for solicitors in England are noted as slightly higher.
- Citar trabajo
- Kevin-René Schilling (Autor), 2016, The divorces of entrepreneurs in Germany and England, Múnich, GRIN Verlag, https://www.grin.com/document/1296655
