The division of property during a divorce is fertile ground for conflicts, which often have to be settled in a judicial proceeding. However, if problems arise, do not rush to file a lawsuit. Appeal to an experienced family lawyer will allow you to find ways to pre-trial settlement of disputes and come to reconciliation. Also, in practice, there are often cases when, under the influence of emotions, one of the parties does not want to listen to the arguments of the lawyer and sues. But during the process, it becomes clear that the business is taking an unprofitable turn and signing a peace treaty is the only reasonable solution.
Why is a settlement worth concluding?
The amicable agreement on the division of spouses' property provides ample opportunities for regulating material rights; any conditions may be included in it by agreement of the parties that do not contradict the law. Its subject can only be jointly acquired property. Gratuitously received property, items purchased for children, deposits opened in their name, as well as intangible rights are not regulated by this document.
Going to court is not only a significant financial expense, but also the need to follow the letter of the law. A court decision is made within the framework of legal norms and many personal circumstances remain aloof. As a result, it can disappoint both sides and lead to endless appeals.
The opportunity to conclude a settlement agreement on the division of property of spouses exists during marriage and within 3 years after the divorce. It can be signed not only in pre-trial procedure, but also after the filing of the claim until the court decision is made.
It is worth noting that the agreement on the division of property should be concluded only between the spouses, in the presence of a third party, the transaction can be invalidated. It is indisputable that the division of property often affects the interests of creditors, investors and other persons, but their rights are determined by individual clauses of the agreement, and not due to an increase in the number of parties. The settlement agreement on the division of spouses' property does not require mandatory notarization. In order for the text of the document to meet the requirements of the law and properly reflect the interests of the parties, you need to contact a lawyer.
What is the difference between a marriage agreement and a settlement agreement?
Another way to avoid divorce conflicts is to conclude a prenuptial agreement. This document is an agreement on the division of property of spouses, defining substantive rights during the marriage and in the event of a divorce. A prenuptial agreement makes it possible to establish a regime for the possession and use of property, as well as stipulate conditions for mutual maintenance. Its subject matter may be joint property already acquired , personal property of the parties purchased before marriage or received free of charge after its conclusion, as well as assets that will be purchased in the future. Intangible rights and personal relations cannot be regulated by this document, and the conditions that put one of the spouses at a disadvantage in financial position are also unlawful. A marriage contract may be drawn up by spouses or persons about to get married. Without notarization, it does not have legal force.
Amicable agreement and prenuptial agreement are effective tools to regulate marital property relations. How is this conclusion relevant to ordinary Russian families? Lawyers recommend compiling these documents for spouses jointly engaged in commercial activities, as well as purchasing real estate and cars on credit. Determining the procedure for paying off obligations and dividing a business during a divorce are the most difficult categories of court cases.