Divorce between Individuals VS Divorce between Shareholders

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Divorce between Individuals VS Divorce between Shareholders

author/ LiDan

 Family Law Team of Guantao Lawfirm,

 Shanghai,China 

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When the married couple breaks, it is called divorce; when the marriage between the shareholders breaks, it is called the dissolution. Interestingly, for all the divorce cases and dissolution cases I have handled, I find similarities do exist between the two divorces.

First of all, whether in divorce or in dissolution, no party will easily acknowledge the failure of the marriage. It, more often than not, will take a long time for the parties to the marriage to realize the fact that the marriage will not work. To get divorced at court is usually the final resort for either party whether in divorce or in dissolution as to fight at court equals a total failure of the marriage. After all, no one is willing to get the skeleton in the cupboard exposed.

Second, there exist lots of blame games either in divorce or in dissolution. When the parties to the marriage painfully accepts the fact that divorce is unavoidable, the blame game will start and either party will give a long list of the wrongs the other party has committed, trying to ease the sufferings the failure has caused. However, neither will have the sufficient evidences to prove what they claim.

Third, whether divorce between individuals or shareholders, there always involve properties, the division of which will always be a big problem. In divorce between individuals, the mixture of individual property and jointly owned properties will make it quite difficult to divide while in divorce between shareholders, the properties of the value is hard to be evaluated which makes the division even more difficult.

Fourth, both divorces cost time, especially the divorce between shareholders. In one of the dissolution cases I have handled, it takes almost three years for the shareholders to a joint venture to reach a settlement agreement and the procedure for dissolution still goes on. For divorce between individuals at court, it costs time because “how can I let it go so easily since I sacrifice so much to the marriage?” Yes, it is too hurting. It takes time to get over it.

Interestingly, courts in China have the same policy about the divorce, mediation is the best policy. After all, it is too complicated and as the Chinese saying goes merry meet, merry part, so why not mediate? The longer the mediation takes, the more sense will be brought to the parties to the marriage. Time kills everything!

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