ILF team under guidance of senior lawyer Anna Zhebeleva represented the client in divorce proceedings and division of property and business. The assets in question were a group of companies – a national food producer.The ex-husband claimed that he invested personal funds in the business rather than family money.
Anna Zhebeleva managed to disprove this claim, demonstrating that he in fact does not have the right to the property, which was the basis of his personal income origin statement. ILF lawyers initiated negotiations between the parties and helped them reach a mutually beneficial settlement. Under the terms of this agreement, ILF’s client received compensation for the market value of the stake in business.
ILF team was able to substantiate fair compensation through independent assessment of the market value of business. The court accepted this assessment, which is a unique precedent for Ukrainian courts in resolving business division disputes. In order to determine compensation for the other spouse, the courts usually rely on contribution to the charter capital at the time the company was created. However, this did not represent the market value and deprived the spouses of the right to divide assets at their actual value. The assessment was further compounded by the presence of intangible assets - several trademarks worth up to 40% of the total assets of the group of companies, which significantly affected the stake’s value.