Dr Anushika Sharma and her family set up Aspire Dental Care Limited (ADC) which Dr Sharma, as sole director, helped grow into a successful business.
However she proceeded to form a breakaway company of five practices to escape “interference” in her commercial affairs by her “dominant and highly controlling mother-in-law” reports The London Standard.
The dispute over marital assets stemmed from a 2007 family meeting where it was agreed the company shares were to be split in quarters between Dr Sharma, her mother-in-law, her husband and his brother, Raj.
Dr Sharma’s case was upheld as the Court of Appeal found the success of the business was due to her expertise as a dentist.
Division of marital assets can often be one of the more difficult and contentious issues in divorce proceedings. We have many clients in Thailand who own businesses together whose success depends on the expertise of one half of the couple. When couples divorce in Thailand, separate property like assets and property acquired before marriage, generally remains the property of the owner. Assets and property acquired during marriage are commonly considered community property with both spouses having ownership rights.
Normally marital assets are divided by family courts between husband and wife, so it was an interesting case to be advanced by the family of the husband, by asking the UK Appeal Court to divide marital assets involving non spouses. It also demonstrates that the Court of Appeal in the UK are prepared to think outside the box and look beyond the presented facts as we reported here.
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