Divorces, Means of Support Cases, Division of Spousal Joint Property
Description of the service
Divorce can be an emotionally, as well as financially difficult time, therefore, it is best to entrust all formalities to professional lawyers. Divorce is not just the termination of cohabitation and marriage, other issues are reviewed during the process as well – custody over children born in the marriage, means of support for the child (alimony) and division of the joint property. The marriage shall not be dissolved, if these issues are not included in the statement of claim or, if they are not resolved prior to the divorce. You will receive more information on the divorce process, associated issues, as well as all required documents during the consultation.
How does the process occur?
In accordance with Section 72 of the Civil Law, a marriage is presumed to have broken down if the spouses have lived apart for at least three years. If the spouses have lived apart for less than three years, the court may only dissolve the marriage in certain cases.
The statement of claim for the dissolution of the marriage must be drawn up in accordance with Section 128 and Section 235.1 of the Civil Procedure Law. The plaintiff must draw up the statement in free form, there is no special form. The statement of claim may be submitted in various ways – personally, by post or electronically. However, each divorce case is individual, which determines the character of the enclosed documents and, therefore, it is useful to seek the assistance of a lawyer.
What has to be considered?
Upon the dissolution of the marriage, each of the spouses shall keep the property that they have owned prior to the marriage, as well as the property that they have obtained during the marriage as separate property (for instance, received as a gift, or a property that serves to replace a property that they have obtained prior to the marriage).
Everything that the souses obtain during the marriage jointly, or individually, but by using the joint means of the spouses or with the assistance of the other spouse, shall be the joint property of both spouses. In the event of doubt, it must be assumed that the particular property belongs to both spouses in equal share.
If the spouses can agree on the division of property, the approximate value of this property shall be determined and the value of this property in money shall be paid to the other spouse. If the spouses fail to agree on the division of joint property, the claim shall be raised in court.
How much does it cost?
- The costs of the work shall only be determined after the review of case documents.
- Prior to the commencement of the work, we provide information on all potential costs.