A divorce involving a company, a family real-estate holding, substantial assets or property located in several countries cannot be handled like an ordinary divorce. Vincent Fritsch, attorney admitted to the Strasbourg and Luxembourg bars, assists business owners, executives and self-employed professionals with the liquidation of their matrimonial property regime and the division of their assets, including in cross-border situations (France, Luxembourg, Germany). The firm works in French, German and English, on a freely agreed fee basis.
Situations the firm handles
- A spouse who runs a company: fate of the shares, valuation, shareholder current account.
- Real estate or a family property company (SCI) to be divided.
- Assets located in several countries.
- A Franco-German or Franco-Luxembourgish couple: applicable law, foreign marriage contract.
- A high-value compensatory allowance: securities, business assets, life insurance, retirement savings.
- Reimbursement claims between a spouse and the community estate.
When divorce puts your business assets at stake
When one spouse runs a company, the divorce raises a central question: the distinction between the status of shareholder, which in principle remains attached to the managing spouse, and the value of the shares, which may fall into the liquidation depending on the matrimonial property regime. Added to this are the valuation of the business, the treatment of the shareholder current account and dividends and, where applicable, the reimbursements owed to the community estate where joint funds financed separate property. These technical questions often determine decisive amounts.
The international dimension
For a Franco-German or Franco-Luxembourgish couple, or one holding assets abroad, the first question is which law governs the matrimonial property regime and which court has jurisdiction. Since EU Regulation 2016/1103, precise rules determine the applicable law and the recognition of foreign marriage contracts. The consequences are significant: the German statutory regime of participation in accrued gains (Zugewinngemeinschaft) does not have the same effects as the French community of property. Admitted to the Strasbourg and Luxembourg bars and fluent in German, the firm is equipped for these matters.
Dividing the family home
In most divorces, jointly owned real estate has to be divided. Three outcomes are possible: preferential allocation of the property to one spouse against an equalisation payment, the buy-out of the other spouse’s share, or a court-ordered sale. The firm advises you on the most suitable option and its consequences, including the partition duty.
Why this firm
- Dual expertise: family law AND asset/company law.
- Dual admission France-Luxembourg and fluent German, for international matters.
- More than 24 years of experience, freely agreed fees.
Frequently asked questions
What happens to the company in a divorce?
The status of shareholder in principle remains attached to the managing spouse, but the value of the shares may be taken into account in the liquidation, depending on your matrimonial property regime. A valuation and a case-by-case analysis are necessary.
Which law applies if we are an international couple?
Since EU Regulation 2016/1103, the law applicable to the matrimonial property regime depends on precise criteria (habitual residence, nationality, choice made by the spouses). A foreign marriage contract may be recognised. The analysis is made case by case.
How is the house divided?
By allocating the property to one spouse with an equalisation payment, by buying out the other’s share, or by selling. The choice depends on your situation and the value of the property.
Make an appointment
Consultations by appointment in Strasbourg, Haguenau, Wissembourg or Luxembourg. Phone: +33 3 88 32 26 66 — Email: contact@avocat-fritsch.com
General information only, with no promise of result. Every situation requires an individual analysis. Freely agreed fees; the firm does not act under legal aid.
The firm’s other websites
Fritsch Avocat also acts in tax audits and tax litigation, in URSSAF audits and litigation, and for commercial agents and sales representatives. The firm’s main website: fritsch-avocat.fr.