Celebrating the wedding, the newlyweds are unlikely to think that someday they will have to leave. However, life takes its toll, in Russia they are getting divorced more and more often. Of great importance in such a difficult matter as divorce, division of property. How to share jointly acquired with the least loss without breaking the law?
Divorce
The division of property is impossible without an official divorce. You can terminate the registered relationship in two ways: in the registry office or in court. In the first case, they will divorce quickly, within a month, however, this option is not always possible.
If the spouses have minor children, they will have to go to court. The same applies to those who wish to terminate the marriage unilaterally. In this case, a lawsuit should be filed.
Documents will help
The property of spouses, which was acquired in marriage and for which there are documents, is the easiest to divide. Also, the task is greatly simplified if a prenuptial agreement was concluded , in which it is pre-determined how much of the property will go to the husband and wife. From a legal point of view, the most difficult cases of the division of ownership are when they are not documented. For example, the couple bought an apartment, but decided to arrange it for a daughter. And after the divorce, the husband decided to sue a part of this property. A serious base and advocacy defense strategy are already needed here.
Section at divorce and after
Divorce, division of property - things are inseparable. However, these actions can be performed both simultaneously and one after another. Each of the options has its pros and cons. For example, if you divide the property and divorce at the same time, but in two lawsuits, the decision to divorce can be made in one sitting, which is fast enough. It is also an ideal option to save money and time for a lawyer and his client.
It is possible to divide property after a divorce under the law for three years. But there are certain risks. For example, one of the spouses may sell real estate that has been issued on it. Then the court will have to first establish the fact of the sale.
When both parties agree
It is possible to divide property that the spouses jointly acquired is also possible without a lawsuit. For this, a so-called “property sharing agreement” should be concluded. Of course, if the former "halves" had previously agreed on who and what would get after the divorce. Moreover, a voluntary agreement can be of several types: certified by a notary, submitted to the justice institution in writing. Such a document, submitted to the court, will help to exclude new meetings.
Also, an agreement can be signed during endless litigation. It is compiled not by voluntary consent, but by virtue of the circumstances. It happens that the other side refuses to communicate at all. Then lawyers and lawyers negotiate without your presence. After all, it often happens that people do not want to hear and listen to each other. Then without the help of a professional can not do.
Divorce, division of property, court hearings - all this will probably have to go through if you decide to divorce. But after overcoming such legal difficulties, your freedom will be documented, and it is quite possible that new love will not keep itself waiting long.