Divorce: division of property through court

Celebrating the wedding, the newlyweds are unlikely to think that they will someday have to part. However, life takes its toll, in Russia they are getting divorced more and more often. It is of great importance in such a difficult matter as the dissolution of marriage, the division of property. How to divide the jointly acquired with the least losses, without violating the law?

Divorce

The division of property is impossible without an official divorce. Dissolve a registered relationship in two ways: in the registry office or in court. In the first case, they will be quickly dispersed, within a month, however, this option is not always possible.

If the spouses have underage children, they will have to go to court. The same applies to those who wish to terminate the marriage unilaterally. In this case, you should file a claim in court.

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 significantly simplified if a marriage contract was concluded , in which it is determined in advance which part of the property will be paid to the husband and wife. From a legal point of view, the most difficult cases of property partitioning are when they are not documented. For example, the couple bought an apartment, but decided to formalize it for a daughter. And after the divorce, my husband decided to sue some of this real estate. There is already a need for a serious base and a defense strategy for the lawyer.

Section at divorce and after

Divorce, division of property - inseparable things. 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 carry out the division of property and divorce at the same time, but in two trials, the divorce decision can be made in one sitting, which is quite fast. It is also an ideal way to save money and time for a lawyer and his client.

Divide the property after the divorce by the law can be for three years. But there are certain risks. For example, one of the spouses can sell the property that was drawn up for it. Then the court must first establish the fact of sale.

When both parties agree

The property that the spouses have jointly acquired can also be divided without a trial. To do this, conclude the so-called "agreement on the division of property." Of course, if the former "halves" have previously agreed on who and what will get after the divorce. At the same time, a voluntary agreement can be of several types: certified by a notary, submitted to the justice agency in writing. Such a document, submitted to the court, will help to exclude new meetings.

The agreement can also be signed in the course of endless litigation. It is made up not by voluntary consent, but by virtue of the circumstances. It happens that the counterpart generally refuses to communicate. Then lawyers and lawyers are negotiating without your presence. 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 of this is certain to have to be passed if you have decided to divorce. But after overcoming such legal difficulties, your freedom will be documented, and it is quite possible that a new love will not keep you waiting long.