Division of marital property

Property division lawyer

The division of marital property in court is a lengthy and costly procedure, as it is associated with a significant amount of legal expenses in the case. For this reason, a property division lawyer must explain to the potential party to the dispute the possible prospects for a lawsuit, as well as point out alternative options for dividing jointly acquired property.

Marriage agreement between spouses

If both spouses are married at the time of the proceedings, then one of the extrajudicial methods of dividing common property is the conclusion of a marriage contract. Among other things, a marriage contract may contain the procedure for dividing property that is the common joint property of spouses; a list of specific property that will belong to one or another spouse in the event of divorce; conditions regarding changing the regime of common joint property of spouses by establishing shared ownership of property. It is important to note that the subject of a marriage contract may be property acquired by the spouses before the conclusion of the contract. In fact, in a marriage contract, spouses can determine the fate of all existing jointly acquired property. 

Property division agreement

An agreement on the division of property may contain terms regarding the division of property, as well as provisions on the rights and obligations of spouses regarding the transfer of property, the payment of monetary compensation, the timing and procedure for the payment of such compensation. When one of the spouses is transferred things whose value exceeds his share in the marital property, the second spouse must be provided with monetary or other compensation. In particular, as compensation, one of the spouses has the right to transfer into ownership not only money, but also property acquired by him before marriage.

The marriage contract and the agreement on the division of property must be notarized. As a rule, a marriage contract is concluded by spouses while they are married, while an agreement on the division of jointly acquired property can be concluded by former spouses. A lawyer for the division of property will explain the specifics of the legislation in this part, prepare drafts of a marriage contract and an agreement on the division of property, ensure representation of the interests of the interested party before the notary, as well as in government bodies and organizations in the process of legalizing the agreements reached at the notary.

Mediation agreement

In our practice, there are common cases when spouses, while in the process of legal proceedings, find the strength to resume a constructive dialogue and return to the negotiation process. Often, a mediator—an independent party who helps the parties to the conflict come to an agreement—allows us to establish a dialogue. If the spouses decide to seek help from a mediator regarding the division of property, then they have the right to submit to the court a copy of the agreement on the use of mediation and file a motion to leave the statement of claim without consideration. If the said petition is granted, the state fee paid for going to court is returned in full.

Division of property in court

If it is not possible to reach an agreement out of court, the parties have the right to initiate legal proceedings. For requirements O section property, being general joint property spouses, marriage which terminated is installed three year old term claim prescription A property division lawyer will draw up a statement of claim, calculate the amount of the state fee for filing the application, prepare the package of documents required by the court, and also provide representation of interests in court.

Division of an apartment during divorce in Belarus

As a general rule, the property of the spouses is divided in equal shares. Court has the right retreat from principle confessions shares equal considering deserving attention interests one from spouses. For example, the share of one of the spouses may be increased, If another spouse avoided from labor activities or spent general property V damage interests families. In addition, the share of one of the spouses can be increased if children remain living with him after the divorce. 

Dividing a car during a divorce

The question often arises for spouses: how to divide a car purchased during marriage? It is obvious that, based on the principle of equality of shares, the court must transfer 1/2 of the car’s share into the ownership of each spouse. However, in practice such a procedural decision is quite difficult to implement.

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