Lawyers named the main mistakes that families make during divorce
Divorce is a source of stress for all family members, even if the parties strive to reach an agreement amicably. This stress increases significantly when the division of property and the determination of the fate of children begins. Aif.ru turned to lawyers and advocates to find out what mistakes Russians most often make during divorce and how to avoid it.
Photo: Openverse by firemedic58 is licensed under CC BY 2.0
According to Russian law, after a divorce, property acquired during marriage is considered common, unless the contrary is proven or there is no prenuptial agreement. However, not all property is subject to division. For example:
– property received by spouses during marriage as a result of gratuitous transactions;
– property acquired by one of the spouses by inheritance;
– property that the spouse owned before marriage;
– personal items for individual use, such as clothing or shoes; things purchased specifically for children;
– bank accounts opened for minor children.
But there is an exception for luxury items such as jewelry, antiques or works of art. Such things are also subject to division, since they are considered the common property of the spouses, regardless of who acquired or used them.
Not taking into account age
In some cases, the law prohibits divorce. For example, a husband does not have the right to divorce if his wife is pregnant or less than a year has passed since the birth of the child. However, if the woman herself wants a divorce, she can get it, regardless of the circumstances.
Due amount of alimony
In a divorce, a parent may be required to pay child support, either as a percentage of their income or as a fixed amount. If the amount of alimony as a percentage is insufficient, it can be changed to a fixed amount through the court.
Non-use of maternity capital
If an apartment or house was purchased using maternity capital, the children’s shares must be allocated before dividing the property. These shares cannot be redistributed between spouses and are protected by law to ensure the interests of the children.
In general, it is important to follow the legal nuances and seek advice from specialists in order to avoid mistakes and protect your interests during a divorce.