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Divorce in the family business: unfolding the legal problems by learning from practice
Jönköping University, Jönköping International Business School, JIBS, Business Administration. Jönköping University, Jönköping International Business School, JIBS, Center for Family Enterprise and Ownership (CeFEO).
Jönköping University, Jönköping International Business School, JIBS, Commercial and Tax Law. Jönköping University, Jönköping International Business School, JIBS, Center for Family Enterprise and Ownership (CeFEO).
2016 (English)In: Journal of Family Business Management, ISSN 2043-6238, E-ISSN 2043-6246, Vol. 6, no 1, 81-96 p.Article in journal (Refereed) Published
Abstract [en]

Purpose – The purpose of this paper is to explore the case of divorce in family business from a legal perspective and highlight the problems of applying family law in the family business context.

Design/methodology/approach – The authors rely on legal analysis and interviews with estate distribution executors to discuss problems with the legal rules and how they are practiced.

Findings – The findings show that the law is ill fitted to the situation where there is a family business included in the division of marital property. In divorce, family law dictates the division of marital property and the family business is reduced to an asset to be divided like any other. Critical issues are identified and elaborated.

Research limitations/implications – Divorce and other disruptions to the family system should be considered in family business consultancy among other threats to the business. The legal perspective on divorce in the family business offered here primarily concerns ownership issues. The impact of divorce on management is equally in need of exploration, which is the suggestion for further studies.

Practical implications – The paper illuminates in which ways the business is hampered from divorcing owners and discuss critical issues with applying family law in a family business context. Social implications – Policymakers should establish rules in which shares in an unlisted business are by default assigned to separate property until something else is contracted.

Originality/value – New light is shed on the practical problems of interpreting family law in a family business context advancing the understanding of family aspects in family business management.

Place, publisher, year, edition, pages
2016. Vol. 6, no 1, 81-96 p.
Keyword [en]
Ownership, Family dynamics, Divorce, Division of marital property, Family law
National Category
Law Business Administration
Identifiers
URN: urn:nbn:se:hj:diva-29691DOI: 10.1108/JFBM-06-2015-0021ISI: 000376977200005OAI: oai:DiVA.org:hj-29691DiVA: diva2:916134
Available from: 2016-04-01 Created: 2016-03-31 Last updated: 2017-01-26Bibliographically approved

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The full text will be freely available from 2018-03-31 00:00
Available from 2018-03-31 00:00

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