{"id":1749,"date":"2026-05-29T09:07:30","date_gmt":"2026-05-29T09:07:30","guid":{"rendered":"https:\/\/www2.ellenslentze.nl\/?p=1749"},"modified":"2026-10-08T09:55:21","modified_gmt":"2026-10-08T07:55:21","slug":"hoe-oude-echtscheiding-huidige-bedrijfsoverdracht-belemmerde","status":"publish","type":"post","link":"https:\/\/www.ellenslentze.nl\/en\/hoe-oude-echtscheiding-huidige-bedrijfsoverdracht-belemmerde\/","title":{"rendered":"How an \u2018old\u2019 divorce hindered the current transfer of a business"},"content":{"rendered":"
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\n\t\t\t\t\tIn his own words\t\t\t\t<\/p>\n\t\t\t\t\t\t

\n\t\t\t\tHow an \u2018old\u2019 divorce hindered the current transfer of a business\t\t\t<\/h1>\n\t\t\t\t\t<\/div>\n\t<\/div>\n<\/section>\n\n\n
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Remember the legal follow-up action for settlement agreements<\/p>\n

How an \u2018old\u2019 divorce hindered the current transfer of a business<\/p>\n

That his divorce of 12 years ago would prove an obstacle in his upcoming business transfer was something Sander (63) never expected. Didn\u2019t he have a divorce settlement agreement? The notary pointed out a forgotten legal action. \u2018Mind the final step!\u2019<\/p>\n

He had his affairs in order, so this was the moment for a little more free time, Sander figured. He decided to look for a suitable buyer for his company. And he found one. It was convenient that he would stay involved in the B.V. for the first few years, because bit by bit he could transfer his shares and control. After all, saying goodbye to your \u2018life\u2019s work\u2019 naturally takes time.<\/p>\n

Great deal
\nDelighted, Sander went to the notary to hear how he could formalise this great deal. He asked for advice and an action plan for the transfer. The notary looked at the current situation with him, and at the past. And from the latter, a problem emerged.
\n\u2018I see two important things,\u2019 said the notary. \u2018First of all, you were married in community of property, and the divorce settlement states that the company was allocated to you. The second: the actual implementation is missing. In other words: at the time, no legal action was taken for that official share transfer.\u2019<\/p>\n

Deceased ex
\nSander frowned. \u2018So my shares still fall within that dissolved community of property. And if I understand correctly, my ex now has to cooperate in the business transfer? But that\u2019s no longer necessary, because she has since passed away.\u2019
\nThe notary explained that in that case the heirs of the ex-spouse are now the co-shareholders. Her children, in other words, whom Sander barely knew. He looked a bit uneasy and asked: \u2018My divorce didn\u2019t go all that smoothly, and those children probably know that too. What should I do now?\u2019
\nThe notary replied: \u2018Do talk to them, but bear in mind that they may feel blindsided by this news. In theory they might feel they should have been involved in all the decision-making. And perhaps they\u2019ll even say that there is still something to settle with you retroactively. But we\u2019ll prepare the conversation together, and first we\u2019ll wait and see how they react.\u2019<\/p>\n

Deed of division
\nA month later Sander returned to the notary. He seemed relieved. \u2018It was a pleasant and open conversation. The children found it surprising that I came to them with this request for their cooperation. We\u2019re going to talk again about possible compensation for the past 12 years, but broadly speaking they agreed to the transfer and to a successor for my company. So I\u2019m happy.\u2019
\nThe notary was pleased too. He once again stressed the importance of the \u2018deed of division\u2019 when allocating property. \u2018Whether it concerns the division of shares or the allocation of a house, a divorce settlement agreement alone is not sufficient. A transfer must always take place. Only then is it legally valid.\u2019<\/p>\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t\t\t\t\t\t\t<\/section>\n\t\t\t\t\t\t\t<\/div>\n\n\t\t\t