Probably, all the married couples are painfully familiar with the situation when, for some reason, you have to dissolve your marriage. Such reasons can be very different: a misunderstanding of each other, different life positions, treason of one of the spouses, conflicts associated with the material side of the issue, and also much more.
The worst thing is that in such difficult situations, children most often suffer. Because it is they who often become the same stumbling block.
As a perennial shows practice, one of the most common and exciting is such a question as property in a divorce. How it shares, and what basic rules exist in general? So, it is worth immediately making a reservation that the division of property is a rather complicated and unpleasant business.
Most often, the issue concerns the property section. Now we will consider the basic rules of the division of such property, if a marriage contract was concluded between the former spouses. A dwelling purchased or erected during the marriage or other real estate, regardless of whether the husband or wife is acquired by their common property. We are not talking about cases when residential property was received as a gift.
Even if the family built an apartment, and only the father works, then the property is still divided in half. Despite the fact that a woman does not work. In addition, if there is an opportunity for a court decision or by agreement of both parties, taking into account all existing circumstances, the court also has the right to section of the premises and allocate a separate room or several rooms for the use of each spouses. Each specific case is considered individually.
One cannot but pay attention to such a question as a divorce statement. As we have already said, children suffer in such a difficult situation all the time. When making a decision on divorce between spouses, the court, as a rule, takes all measures to protect the interests of minor children, as well as an incapable spouse. Also, in order to ensure the legitimate interests and rights of children, spouses can conclude a special agreement on children upon termination of their marriage.
After all, it often happens that the mother, for example, speculates the child and wants to return her husband with his help. Or the ex -spouse, citing the fact that he wants to see his child also solves the situation in his favor. In order to prevent this from happening, it is necessary to negotiate everything in advance.
In such an agreement on children, parents determine their place of residence, the procedure for communicating with the child, as well as the amount of alimony paid and many other controversial issues. After the court examined the case, he makes a decision to divorce.
I would like to wish that there are no such unpleasant situations. Only mutual trust and respect can maintain marriage. Love and harmony to you!