Division of Property in Divorce

Division of property of spouses in the process of divorce can be carried out both during the trial and as a result of pre-trial settlement of the conflict situation. In the latter case, for the procedure, it is sufficient to have a written agreement between the spouses on the division of property, which determines the shares and property position of each party.

In the event that, for some reason, it is impossible to reach an agreement and accept a compromise solution acceptable to all parties, then one should seek help from the judiciary. And if the spouses can make an agreement without the help of a qualified lawyer, then it will not be possible to do without a competent and experienced lawyer in court. The regime of spouses’ property, including in case of divorce, can also be established by a marriage contract.

Section of jointly acquired property of spouses

It should be remembered that, according to domestic legislation, a husband and wife can independently determine the property regime, that is, develop an order for disposing of property acquired by them in marriage. Usually it is a question of choosing between the contractual regimes under the marriage contract.

Thus, the spouses can fix their property rights in the text of the marriage contract, and then the law will regulate the division of the rest of the property left outside the framework. If the marriage contract is not concluded, the divorce property will be divided according to the law, according to which all property acquired by spouses in a marriage is their joint property and will be divided according to the provisions of the law.

The law determines the property acquired during marriage, which is subject to division between spouses, as follows:

  • income of a husband / wife from work;
  • income of a husband / wife from business;
  • the results of the intellectual work of the spouses;
  • benefits, pensions and other various payments of a monetary nature, not intended for any specific purposes;
  • movable and immovable property, purchased at the expense of general revenues;
  • deposits, shares, securities and shares in the capital of enterprises;
  • right of claim and general credit obligations;

Services of the Lawyers in the division of property

  • Legal advice on all important issues of family, housing and other legal relationships.
  • Analysis and assessment of the current situation, working out ways to solve the problem, determining the legal position, choosing between the marriage contract and the property sharing agreement.
  • Assistance in the preparation and conduct of pre-trial settlement.
  • Assistance in the preparation of a package of documents for appeal to the judiciary.
  • Representation and protection of interests during the trial.
  • Control over the execution of the decision taken by the court.

In some cases all it takes to solve an issue is by a great communication and via negotiation aptitudes. Our Property Settlement Lawyers Perth have all the basic skills to provide you the best settlement options, whatever the issue may be. So, don’t hesitate in consulting our civil lawyers via calling them or by simply forwarding them an email.

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