What happened ?
On 6 February 2026, the North Holland District Court in Haarlem gave a summary ruling in a dispute between two former spouses who ran a dental practice together through a Dutch partnership, or maatschap.
One partner ended the agreement and then acted as if he could keep the practice to himself: changing the lease and admin, moving staff, splitting billing, and transferring €14,000 from the joint account.
The court rejected this. Termination did not allow one partner to take the business before liquidation and division.
The practice must continue jointly until a deal is reached or a final court decision is issued.
The court set a daily penalty of €5,000, up to €150,000.
Analysis
This case is not about divorce or professional conflict. It is about what happens when founders confuse control with ownership rights.
The defendant believed that access, relationships, staff loyalty, and system control enabled him to run the business his way.
The court disagreed. In a partnership with one business, ending the agreement does not allow one side to take over alone.
For small companies, the lesson is clear: if ownership and rights are vague, conflict disrupts operations fast.
The main mistake: thinking that control of premises, systems, staff, or money guarantees you win. In Dutch practice, that often fails.
Governance
The failure was structural. The agreement said both could keep the practice. But it did not define decision-making, interim governance, valuation, or who decides in a deadlock. Leadership was replaced by unilateral moves. There was control, but not governance.
Risk
The risk was instant: blocked billing, admin problems, staff confusion, cash loss, and worried tenants. For a small business, that means lost revenue, legal fees, mistrust, and risk to stability.
Compliance
The problem was not just the contract, but also the lack of discipline after termination. Bank accounts, billing, staffing, and communications changed without joint approval. The court ruled this was unfair to both partners.
Daily operational takeaway
Review any shareholder, partnership, or founder agreement now. Add a clear clause for interim operations covering cash, staff, systems, billing, client communication, and decision-making until exit terms are set or the court rules.
