World agreement on the division of property of spouses and marriage contract.

Division of property in case of divorce - fertile soilfor conflicts, which often have to be settled in court. However, in the event of problems, you should not rush to file a claim. An appeal to an experienced family lawyer will help to find ways of 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 lawyer's arguments and sue. But in the course of the process it becomes clear that the business is taking a disadvantageous turn and signing a global treaty is the only reasonable solution.

Why is it worth concluding an amicable agreement?

Settlement agreement for the spouses' propertyprovides extensive opportunities for regulating material rights, it can include any terms by agreement of the parties that do not contradict the law. Its subject can be only jointly acquired property. Gratuitously received property, things purchased for children, deposits opened in their name, as well as intangible rights by this document are not regulated.

Appeal to the court is not only significantmonetary costs, but also the need to follow the letter of the law. The 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.

Opportunity to conclude an amicable agreement on thethe division of the spouses' property exists during the marriage and within 3 years after the divorce. It can be signed not only in the pre-trial order, but also after the filing of the claim until the court decision is rendered.

It is worth noting that the agreement on the divisionproperty must be concluded only between spouses, in the presence of a third party, a transaction may be declared invalid. Undoubtedly, the division of property often affects the interests of creditors, investors and other persons, but their rights are determined by separate clauses of the treaty, and not by increasing the number of parties. The settlement agreement on the separation of spouses' property does not require a notarial certification. To ensure that the text of the document meets the requirements of the law and properly reflects the interests of the parties, one should turn to a lawyer.

What is the difference between a marriage contract and a settlement agreement?

Another way to avoid conflicts withdivorce is the conclusion of a marriage contract. This document is an agreement on the division of property of spouses, determining the material rights during the marriage and in the event of a divorce. The marriage contract provides an opportunity to establish a regime for the possession and use of property, as well as to specify the terms of mutual maintenance. Its subject may be already acquired joint property, personal property of the parties, bought 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 can not be regulated by this document, and conditions that put one of the spouses in an unprofitable financial position are also illegal. A marriage contract can be drawn up by spouses or by persons intending to marry. Without a notarization it has no legal force.

An amicable settlement and a marriage contract areeffective tools to regulate marriage property relations. How is this conclusion relevant for ordinary Russian families? Lawyers recommend that these documents be compiled for spouses who are jointly engaged in commercial activities, as well as purchasing real estate and cars on credit. The definition of the procedure for the repayment of obligations and the division of business in divorce are the most complex categories of court cases.