The division of property between spouses is regulated by Article 38 of the RF IC. Everyone has access to this regulatory document, but the subtleties of the legal language are such that without special education, it is quite difficult to understand the acts. This situation is no exception. Often the division of property between former spouses turns into a big problem. The divorce process itself is already full of emotions, moreover, negative for both participants or at least one side, and here they add fuel to the fire with vague, long and unnecessarily complicated formulations. A lawyer can come to the rescue, but money is needed to hire a good specialist. Before applying for paid help, you should first try on your own to understand how the division of acquired property between the spouses is carried out according to current laws.
Advice, love and reality
Beautiful words about creating a family are good at the beginning of a marriage. Spouses understand each other perfectly, relationships are at their best, everyone believes in love and peace. Unfortunately, the spiritual aspect is not the only one on the basis of which people enter into such a relationship. Sooner or later, the situation is supplemented by material. If the couple did not work out, you can disperse in a good way, but the division of jointly acquired property between the spouses must be carried out by law.
As judicial statistics show, often couples who are relatively easy to relate to the process of divorce themselves begin to conflict precisely because of material aspects. It is not surprising, because everyone has to live on their own lives, and this requires money. Nobody wants to give back the earned overwork; here they are looking for former lovers' samples for the division of property between spouses, hoping each to turn the opinion of the court in their favor and get more.
Laws and regulations
Both the features of entering into official relations, the agreement on the division of property between spouses, and the divorce process itself - all these legal relations are regulated by applicable law. It is regularly amended to make citizens' rights more secure. If an appropriate case is ahead, it is necessary to prepare for it in advance and collect as much useful information as possible.
Particular attention should be paid to the Civil, Family codes. It is in these legal normative documents that both technical aspects of the process are regulated, and the rules by which claims for division of property between spouses are considered, decisions are made on conflict situations. Having collected a maximum of thematic information in advance, a citizen entering into a divorce process will be able to defend his interests and rights in full.
What to look at?
The basic document that you need to study before looking for a model for an agreement between spouses on the division of property is the Civil Code. It regulates all the features of the legal relationship that people enter into when living in a civil marriage. The situation extends to those who neglected the official registration procedure in the state authority.
Trust but check
On the expanses of the World Wide Web, you can find several different patterns of agreements and statements, but not all of them are relevant. In order not to make a mistake and draw up the correct document, it is recommended to seek help from a specialist. Currently, along with paid consultations there are consultations for which remuneration is not required. Lawyers will guide you on how to fill out the paper correctly in order to protect your rights.It should be remembered that the agreement on the division of property between spouses not only helps to correctly end the relationship, but also provides a guarantee of material security for some time after the divorce. They should not be neglected.
Where to look: Family Code
What can be included in the agreement on the division of property between spouses, some points, parts of the UK state. It is in this regulatory act that spouses have equal rights and obligations. The legislative act also states that citizens have the opportunity on their own to outline the range of property rights for themselves. This item is discussed in detail in chapter seven. This law states that divorce is not necessarily accompanied by litigation. It can only be avoided if both participants are satisfied with this, and the division of property between the spouses takes place on their own initiative and in accordance with a decision made by them independently.
The issue is resolved through the magistrates' court. The applicant shall file a lawsuit against the judge in the established form. This is possible when the total value of the subject to section varies within fifty thousand. If the price is higher, you must use the services of a district court.
What's next?
The division of property between spouses involves the registration of an application in which each of the parties asks for help with calculating the amount due. The judge will evaluate the acquired during a joint life, being in a relationship. Each spouse has the opportunity to register an application from the moment of termination of the marriage agreement and after a three-year time period has elapsed. You can simultaneously send an application for divorce and a request for help with the division of property between spouses.
And sometimes more!
The duration of the claim usually increases if the fact of concealing the values by any of the interested participants in the process is revealed. The three-year time interval begins to count from the moment when the second side received official information about the hidden values. In this case, as a rule, the division of property between spouses turns into a much more stormy, emotionally heated process, on the basis of which many recommend resorting to the help of a professional lawyer who can remain cold-headed.
Submission of documents: all at once
In order for the court to start the consideration of the case, the interested parties must submit to the legal authority a list of the property that was acquired, received during the period of joint residence. In the area of responsibility of the spouses - indicate the price for each position. You also need to have a receipt with you, indicating that the court services are paid, photocopies of passports, personal accounts, data from house books, a certificate of conclusion, termination of the marriage contract. If you have children, you must have a copy of the certificate of this fact certified by a notary.
For all property purchased during cohabitation, you must have documents confirming the existence of such positions. In this case, you need to provide information about when the purchase was made, how much it cost. Here, copies of check documentation, receipts, technical passports and certificates will come to the rescue.
I need help!
In some cases, correct information can only be obtained through official evaluation. It is necessary to apply for it to experts offering services in the field in question. As part of the position study, visual monitoring of the state of objects is carried out, fixing it through the camera. Also, experts will prepare reporting materials on the value of the disputed property, document how worn it has been, whether it has been improved. So, repairs can cause a price increase relative to the initial cost.It is necessary to apply for such a service to a company licensed for this type of activity.
I do not want and I will not!
At the time of the conclusion of the marriage agreement, those who wish have the right to fix the obligations of each of the spouses in an official manner. This is regulated by the regulations of the current UK. In such obligations, you can specify, including the specifics of ownership. Spouses can immediately paint all types of property. Among specialists, this operation is referred to as the conclusion of a marriage contract.
Reliable and Limited
According to the 41st article of the mentioned Code, such an arrangement is considered civil law. It will be a transaction concluded by citizens, for the confirmation of which it is necessary to have written documentation. You will also have to invite a notary to certify official papers. In the event of a divorce, the marriage contract previously signed by the spouses becomes the most important document on the basis of which the division of property is made and it is calculated which of the spouses is given what proportion.
An alternative way to simplify the resolution of a conflict situation during divorce and division of the acquired is to conclude a formal agreement by the parties. Details of the features of such an event in the Code are discussed in the second paragraph of article under number 38. The agreement is signed on paper, and then sent to a notary for certification. Only after that the document can be used for real separation of the acquired.
Agreement: positive aspects
Recently, in divorce proceedings, legally savvy participants in the situation have advised spouses to resort to the practice of an agreement to simplify the conduct of business. This provides access to a number of benefits. In particular, you can save money, because there is no need for representatives, and it costs money. In addition, the filing of the claim is accompanied by the payment of a small amount, but you will not have to pay a fee if it was decided to conclude an agreement.
The possibility of this kind of interaction between former spouses is noticeably simpler from an emotional, psychological point of view. This makes the process easier, and its result to a greater extent meets the requirements of each interested participant. In addition, the time spent in such practice is reduced to a couple of months, and in the absence of a voluntary agreement it is not always possible to predict exactly how long the proceedings will take.
Opportunities and rights
When concluding an agreement on the division of property between spouses on a voluntary basis, it is possible to set deadlines for the fulfillment of obligations. It is not necessary to install them “here and now”, you can postpone them if one of the parties has an important argument in favor of this option. This is especially important if you need to pay serious monetary compensation. A participant who is forced to pay with money can prepare for this situation, there is no need to get loans and find himself in an even more difficult life situation than just the breakup of the family.
If the property is indivisible, then the peculiarities of its division in a privately concluded agreement can be agreed upon taking into account the specifics of the situation and the desire of each of the parties, even if the norms of laws would oblige the court to go the other way. So, one spouse can take an apartment, while the second will get a cottage if for each participant in the process such a decision (or alternative) seems acceptable. The interests of children in concluding an agreement are also taken into account more clearly, since parents know their children and their needs, while the court is guided only by the letter of the law.
And what is the subject of the dispute?
The current legislation establishes which property can be classified as jointly acquired and which is inadmissible in this category.Thus, material wealth must be divided between the former spouses during a divorce; debts are also exposed to a similar operation - for example, a bank loan. If there was a monetary contribution, it is divided between the spouses, and does not play a role, in whose name it was opened, who owns the right of ownership to one or another object purchased during joint life.
When preparing for the division of property as part of the divorce proceedings, you need to understand that you will have to share a share in the business, purchased real estate, movable property, income associated with various types of activities, including labor, intellectual. But the help, compensation, other target revenue components are not divided, they belong only to one spouse - the one to whom they were issued.