Headings
...

Settlement agreement for divorce and division of property

Due to the termination of the marriage, the former spouses have to solve many issues related not only to the maintenance of common children, but also to the division of property.

Most citizens of our country prefer to solve problems as they arise. The court’s settlement of disputes and claims remains the priority solution.

Judicial red tape takes a lot of time and effort. If you part with your half by mutual agreement, without mutual reproaches and claims, it will be easier to refer to the procedure for compiling a special document in which all issues will be resolved. Having entered into an amicable agreement during the divorce and division of property acquired in an official marriage, the parties are more likely to gain than lose.divorce settlement

Features of the conclusion

The conclusion of the agreement is allowed at any stage of civil law relations (during the marriage or after its dissolution).

The main advantage of the settlement agreement is that it is possible to divide the property by agreement of the parties, that is, to move away from the half of the share established by law and agree on the division in a different order.

In other words, each spouse has the opportunity to leave in his possession and disposal exactly the property that he most needs.

For example, the spouse reserves a living space, where he will live with common children, and the spouse will receive an expensive car, which he will use for travel to work and business trips. Following this principle, it is not difficult to divide the rest of the property, given its value and importance for each spouse. Settlement on Divorce Sample

It is unacceptable to draw up a settlement agreement only before the conclusion of an official marriage, since young people enter into an alliance exclusively with the property that is their individual property, therefore, at the time of registration of the marriage there is nothing to divide.

Compilation requirements

A divorce settlement must comply with the following requirements:

  • Written record of the agreement of the spouses. Since the agreement is a kind of agreement between the spouses, its mandatory documentation is required. Verbal agreements do not have any legal consequences, because you can refuse the words.
  • The document should contain comprehensive information about the section (that is, what is due and to whom, in what amount).
  • When a divorce is settled, the settlement must spell out the consequences of non-compliance with its provisions (that is, the possible responsibility for evading the requirements of the document).
  • Mandatory consent of both parties. Spouses should discuss the division procedure together. Only after arriving at an option that suits both of them can you sign a document. The signatures of both spouses are an integral part of it. If one of them is absent, the document will not have any legal force.
  • The law allows the drafting of a settlement agreement even after a divorce.

Notarial certification

According to the latest amendments to family law, notarization of a settlement agreement in a divorce is a prerequisite.settlement after divorce

Given this, it is more expedient to draw up the text of the document at the notary’s office, after specifying the section procedure.

Such a document is much more reliable and reliable. A notarized agreement is a guarantee of protection of the rights of spouses in court.

Property subject to division

As already noted above, the property that belonged to each of the spouses at the time of registration of the marriage remains in the possession and disposal of each of them, regardless of its value.

You can only divide what is in accordance with the norms of family law was acquired during the marriage:

  • Incomes received as a result of the labor activity of each spouse (including the results of intellectual work, social benefits, amounts received in compensation for damage, and similar income).
  • Incomes in the form of securities, shares, shares and financial contributions, shares in the authorized capital, regardless of whose name the financial injections are drawn up.
  • Objects of movable and immovable property.

Ultimately, the full list of property that will be indicated in the agreement is determined by mutual agreement of the spouses. When defining it, there are no restrictions. You can divide absolutely everything, down to forks and spoons. amicable agreement for divorce and division of property

How to indicate property in the agreement?

So that subsequently there are no disputes and discrepancies, it is necessary to compile a list so that each item from the common property is indicated in accordance with its purpose and distinctive features.

If the list includes movable and immovable objects, be sure to indicate the following parameters:

  • Name of the property.
  • Model and brand (for movable objects).
  • Individual characteristics (color, size).
  • The address of the location of the property (in relation to real estate).
  • The name of the title document, its series, number and date of issue (certificate, technical equipment passport).
  • The approximate cost of the object at the time of the conclusion of the agreement, based on current prices for similar property.

When mentioning the property in the mortgage in the agreement, it is necessary to determine whose property it will be in, as well as how the loan will be repaid (for example, by one of the spouses).divorce settlement

Divorce Settlement: A Compilation Model

Despite the rather arbitrary type of contract, this document must contain mandatory information, which includes:

  • Name of the document, date and place of its preparation.
  • Name of spouse, date and place of birth, passport details, address of residence.
  • Subject (in this case, it will be information on what relations the spouses are with indicating the supporting document).
  • Directly the procedure for the division of property with a detailed list.
  • If necessary, indicate how the property will be transferred.
  • Indication of property in personal possession and not subject to division.
  • The effective date of the agreement (determined by mutual agreement).
  • The final provisions should contain information on the number of copies of the agreement (usually for each of the parties and one for the notary public), as well as the procedure for resolving disputes between spouses (usually, judicial procedure).
  • Signatures with a breakdown of both spouses (required), delivered personally.

The amicable settlement thus concluded gives the spouses peace of mind and confidence in the future. divorce settlement

In addition, by analogy with the law, it is possible to draw up a document on the payment of alimony, if the spouses have no disagreements on this matter. An amicable settlement for a child divorce also requires notarization.


Add a comment
×
×
Are you sure you want to delete the comment?
Delete
×
Reason for complaint

Business

Success stories

Equipment