From the moment of marriage, the spouses can at any time conclude a prenuptial agreement, which will provide for their property rights in relation to each other, as well as how the jointly acquired property of the spouses will be shared in the event of divorce. Prior to the dissolution of the marriage, the conditions can be changed an unlimited number of times. This marriage contract must also be notarized.
The judicial procedure is applied in cases where an agreement between the spouses has not been reached. The court will have to independently determine which property is jointly acquired, as well as divide it between the spouses in the appropriate shares.
Common jointly acquired property is any movable and immovable property acquired during the marriage, which can be the object of the right of ownership of citizens, regardless of which spouse it was acquired in the name of and whose money was spent on its acquisition.
Experienced family lawyer and divorce proceedings recommends taking into account that not all the property of the spouses will be jointly acquired. Thus, one of the spouses will own movable and immovable property acquired by him before marriage, as well as property acquired by the spouse during the marriage with the funds received by him before marriage, property that was received by the spouse by inheritance or as a gift.
Personal items are not shared between spouses (for example, clothes, shoes, as well as a fur coat, as a women's wardrobe item, despite the high cost), with the exception of jewelry and other luxury items. Things purchased for minor children (clothes, shoes, school supplies, musical instruments, etc.) are not subject to division. Such things are transferred without compensation to the spouse with whom the children live.
As a rule, the property of spouses should be divided in half between them, if there are no other factors, such as: the presence of minor children; protection of the interests of the other spouse, if, for example, one of the spouses spent the family budget to the detriment of the interests of the family or did not receive income for disrespectful reasons. In these cases, the court may depart from the beginning of equality of the spouses' shares and award one of them a larger share.
