18) Division between spouses in the event of divorce

Factual information:

For married couples, share constitute jointly owned property. If a married couple divorces, the shares must be divided on a pro rata basis, i.e. the recipient must have a certain proportion of each acquisition.

The sender has three transactions in company X:

1,500 shares 15 April 2004, NOK 50 per share
1,000 shares 19 August 2009, NOK 150 per share
500 shares 30 December 2014, NOK 200 per share

It is agreed that the recipient will receive 1,500 shares, i.e. 50% of each acquisition (1,500/3,000).

The recipient will then have:

750 shares 15 May 2004, NOK 50 per share
500 shares 19 August 2009, NOK 150 per share
250 shares 30 December 2014, NOK 200 per share

Information from the previous year:

Total share capital in the company: NOK 300,000 (carried forward) 
Number of shares: 3,000
Nominal value per share: NOK 100

Information for the year (carried forward):

Total share capital in the company: NOK 300,000
Number of shares: 3,000
Nominal value per share: NOK 100

Solution:

Enter the figures above as shown in the attachment below. The sender registers under item 25, while the recipient registers under item 23. The times for the sender and the recipient must be identical. No other registrations are necessary.

Special remarks:

There is generally full continuity on all assets. Dividends paid in previous years will remain with the sender. This also applies to the risk-free return. The recipient will only be allocated the unutilised risk-free return. Dividends paid during the year of the divorce, but after the shares have been divided, must be divided between the parties.

If the spouses own shares in the same company and wish to distribute both shareholdings, all the shares must first be transferred to one spouse. Once this has been done, they can then be redistributed.

For correct completion, see the examples of correctly completed shareholder register statements:


 Division between spouses in the event of divorce. Main form.
 Division between spouses in the event of divorce. Sub-form.