Problems with the division of property in divorce – how to prevent them?

 

Divorce itself is difficult and unfortunately very stressful, especially when children come from the marriage. However, apart from determining who will raise the children and with whom they will live, there is also a problem with the division of property. Of course, in an ideal world, ex-spouses would quickly determine the division, but life writes different scenarios and sometimes the case is in court, then the help of a lawyer will be useful as well. In most cases, divorce takes place in a not very good atmosphere, which is why the division of the accumulated property can be difficult.

Division of assets – the best settlement

Of course, it would be best for the parents to make a deal and divide the property quickly for the sake of the children’s welfare. Well, for children this situation is already very difficult, so further quarrels and feuds are no longer absolutely necessary. Therefore, there is nothing better than a settlement. Thanks to it, you can save both time and money. An attorney who will represent your affairs is very helpful here, but it is also necessary to hire a negotiator. During the meeting, both parties talk to each other, trying to reach the best agreement that will be beneficial for both parties.

A case in court is a last resort
Even if one of the ex-spouses is willing to reach a settlement, unfortunately the other often acts against it and even the mediator’s help will not work. Then it is worth going to an attorney. Divorce can be difficult, but there are situations where the division of property is even more difficult, after all, for some material goods are of great value. When deciding on a case in court, you also have to take into account additional costs. In general, the joint property rule ends with an official divorce decree, and the property then becomes fractional. In most cases, the courts decide to divide the property in half. There are only two factors that can lead to an unequal split. Well, the first is to present the judge with important reasons why the property cannot be divided in half, and this reason must be in line with the condition of a much greater contribution to the acquisition of this property. However, it is important to know that in few cases the court will decide on an unequal distribution. The principle that applies here is that marriage is a relationship where the partners help each other and thus create an economic unity.

Important reasons that may be respected by the court and award an unequal distribution of property

Many marriages are based on a system where the husband works and the wife looks after the home. But from the point of view of the law, both roles of the spouses are equally important. Therefore, the fact that one person worked professionally does not mean that he will receive the greater part of the property. Such a ruling is possible only in extreme situations, namely when one of the parties, without consulting the other, was selling joint property, wasting money on alcohol or drugs. The last reason may be when the divorce was preceded by a long separation and the spouses did not have physical contact during this time.

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