As you know, every one of the spouses can sue for divorce as part of the family law. But, a lawsuit cannot be filed during the pregnancy of the wife or one year after the birth of the child. However, an exception is made in cases where one of the spouses has committed a criminal offense against the other spouse or child, or if paternity is recognized by another person.
Recovery of alimony.
According to current legislation, parents are obliged to support a child until they reach the age of majority.
Even if a child has reached the age of majority, but continues to study and therefore needs material assistance, parents are obliged to support him until they reach 23 years of age, provided that they can provide material assistance.
The obligation to pay alimony arises for parents on the basis of their debt to support their children and is not associated with divorce.
If the father/mother is recorded in the child's birth certificate, the right to alimony arises automatically, regardless of whether the parents are married, both at the time of the child's birth and after birth.
The parent from whom the recovery of alimony for the child was awarded, as well as the parent to whom the claim for the recovery of alimony was not filed, are obliged to participate in additional expenses for the child caused by special circumstances (development of the child's abilities, his illness, injury, etc. .P.).
Division of property in case of divorce.
The division of the spouses' common property can be carried out both during the existence of the marriage and in the process of its dissolution, as well as after the dissolution of the marriage in a voluntary or judicial manner.
The voluntary procedure is applied if the spouses have agreed on the shares of each of them in the right to property and also come to an agreement on a specific division of property in case of divorce in accordance with these parts.
If a dispute arises between the spouses regarding the size of their shares, the procedure or method for dividing the common property, then the voluntary procedure for the division of property is changed to a judicial one.
In this case, the division of property is carried out in the following order:
The court determines the size of the particles of the husband and wife in the right to property and carries out the division of property in accordance with the established shares. When determining the size of the shares of each of the spouses, the court proceeds from the fact that, in accordance with the current legislation, the shares of the property of the wife and husband are equal. This rule is unchanged even in the case when one of the spouses did not have independent earnings for a good reason. Education, housekeeping, childcare, illness, etc. can be recognized as such good reasons by the court.
However, the legislation establishes two exceptions to the general rule of equality of the spouses' shares in the right to common property. Accordingly, the court may increase or decrease the share of one of the spouses. Such a development of events is possible, in particular, if one of the spouses did not care about the material security of the family, hid, destroyed or damaged common property, spent it to the detriment of the interests of the family. Also, the court may increase the share in the right to property of the spouse with whom the minor or adult disabled children live, provided that the amount of alimony they receive is insufficient to ensure their physical, spiritual development, and treatment.
The property that is the personal private property of the wife, husband, and is not subject to division, includes:
- property acquired before the marriage;
- donated or inherited property;
- property acquired in marriage, but with personal funds;
- housing acquired during the marriage as a result of its privatization;
- land plot acquired during the marriage as a result of land privatization;
At the same time, the property that belonged to one of the spouses can be attributed to common joint property, concluded during the registration of marriage by an agreement or recognized by the court on the grounds that during the marriage the value of this property has significantly increased as a result of labor or monetary costs of the other spouse. For example, a house was renovated, which was purchased before marriage.
The current legislation establishes that a marriage contract can be concluded between persons who have submitted an application for marriage registration, as well as spouses.
A marriage contract can be concluded only between persons who have already submitted an application for registration of marriage (in support of this, a notary is presented with a certificate from the civil registration authority information on the appointment of marriage registration on the relevant date), or between persons who are already in a registered marriage (in confirmation of which the marriage registration certificate is submitted to the notary).
If a prenuptial agreement was concluded before the registration of the marriage, it comes into force on the day of the registration of the marriage. If the marriage contract is held by the spouses, it comes into force on the day of its notarization. At the same time, from the moment of divorce, persons lose the right to conclude a marriage contract.
A marriage contract cannot regulate the personal relationship of the spouses, as well as the personal relationship between them and the children. A marriage contract cannot reduce the scope of the child's rights established by the law, as well as put one of the spouses in an extremely disadvantageous financial situation. Under a marriage contract, the different property you own, and the right of it which is subject, of course, to the state registration, cannot be transferred to the ownership of one friend.