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Publication date: 14.05.2024
Property division during divorce: legal aspects and practical recommendations
Divorce is always a complex and delicate process that affects not only the emotional sphere, but also financial and property issues. One of the key points that needs to be carefully resolved is the division of property during a divorce. Regardless of the reasons for the divorce, the division of marital property can become a source of intense discussions and disputes.
First of all, it is important to understand the legal basis of property division after divorce. The law of most countries provides that all property acquired during marriage is the joint property of the spouses. This includes real estate, vehicles, valuables, savings and other assets. In case of divorce, this property is subject to distribution between the former spouses.
However, there are certain exceptions and nuances. For example, property that belonged to one of the spouses before the marriage or was inherited or gifted is usually considered personal property and cannot be divided. In addition, during the division of property after divorce, the court also takes into account the contribution of each spouse to the acquisition of joint property, as well as the needs of minor children.
The process of dividing marital property after divorce can take place in two ways: amicably or through court proceedings. If the ex-spouses can reach a mutual agreement on the division of property, they can draw up an agreement and have it notarized. This facilitates the process and avoids additional legal complications.
However, if the parties cannot reach an agreement, the issue is resolved in court. The judge, after considering all the circumstances of the case, will determine how the property is divided after the divorce, taking into account the interests of each party and minor children.
During the consideration of the case on the division of the joint property of the spouses, the court may involve experts to assess the value of the property, as well as examine evidence related to the contribution of each spouse to the acquisition of this property. This will help determine the fair division of property after a divorce.
It is important to remember that the process of dividing property in a divorce can be long and complicated, especially if there are numerous assets or disputes between the parties. Therefore, it is recommended to seek help from qualified lawyers who will be able to provide advice and protect your interests during this process.
In addition to the legal aspects, the division of property after a divorce also has an emotional and psychological impact on both parties. It can be a painful process, fraught with frustration and stress. Therefore, it is important to maintain maximum tolerance and mutual respect, especially if the ex-spouses have children together.
In general, the division of property in divorce is an integral part of the divorce process. By following the legal norms and taking into account the interests of both parties, it is possible to reach a fair and balanced decision regarding the division of joint property of the spouses. However, if complications or disputes arise, it is always a good idea to seek professional legal advice to protect your property rights.
