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The Legal Side Of Divorce And Separation

After making the decision of starting a divorce procedure or separation with your partner, there are always some questions that need to be carefully considered and taken into account. In most cases both partners are hurt, offended and disappointed, or the emotional alienation between them is so strong that they just don’t want to deal with unnecessary paperwork and tiring litigations. And this, on the other hand, makes things even harder because spouses don’t actually have clarity about main things that must be considered when talking about divorce on the first place.
The Legal Side Of Divorce And Separation
Most attorneys advice their clients to skip the step of legal separation if they have are absolutely sure there is no way of making things better. When you make the decision of having a divorce, you should discuss the matters of property and responsibilities.
Movable and immovable property acquired during the period of the marriage usually become property of both spouses, unless spouses have signed a prenuptial agreement. They also become a common property during the period or legal separation, because marriage is still valid during this period.

How are the matters of property treated during the period of legal separation?

As we already said, movable and immovable property becomes a common property of both partners even during the period of their actual separation. However, the term “legal separation” is also used in order to point out that spouses have ceased all spiritual, physical and economic relations between them, and that neither one of them has any contribution to the financial state of the other. In these cases the partner who have acquired any movable and immovable properties may start a lawsuit in order to acquire the full rights over the property in question.

How are the shares of property determined, when one of the spouses has made a larger contribution in favour of both of them?

If one of the spouses has made a larger contribution to the family property that is in favour of both of the partners, they may start a lawsuit for determining a larger share of the property after the divorce is finalized. The thing you should be aware of in these cases, is that the claim should be made not only for the rights over a certain movable or immovable property, but for the family property as a whole. Either party can make such a claim during the litigation, but the only property that may be concerned by such a claim is family property acquired during the period of the marriage.

How is a larger share of the property determined for the parent who exercise the parental rights?

When a marriage is terminated by a divorce, court may adjudge a larger share of the total family property to the parent, who exercises the parental rights. The court’s decision that is associated with such matters may of course be changed, but this is more like an exception than a common rule. In some cases, the custody may be divided between both parents, which means that technically both of them are considered responsible for the upbringing of the children.

Termination of family property during the period of the marriage without divorce or legal separation

Family property may be terminated also during the marriage if required by any important reasons. The reasons for such a termination of the family property must be taken by court on the basis of some evidence. In addition, termination of family property during the period of the marriage is not permissible by a mutual agreement between the spouses, but only with a court order.
Author Bio: Connie Jameson is single mother of two wonderful kids. She has a part time job at and spends all her free time carrying for her sons.

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