Connect with us


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.

Continue Reading

Recent Posts

Autos21 hours ago

In a Car Accident? Here’s How to Find a Great Lawyer

If you’ve recently been in a car accident, you know that it can be an overwhelming experience. Not only do...

Education2 days ago

Considering Therapy? Here’s a Few Common Therapy Techniques Explained

If you’re considering therapy as a means to improve your mental health, you may be curious about the type of...

home repairs home repairs
Home Improvement3 days ago

Top 5 Home Repairs You Should Never DIY

DIY home repairs are all the rage these days. But before you jump on the bandwagon, there are some things...

Health2 weeks ago

The Power of CBD Oil for Relaxation: How to Use it for Sleep and Stress Relief

If you’re struggling to get a good night’s sleep or feeling stressed, try CBD oil. CBD oil has a moment...

General2 weeks ago

Benefits of Getting your Mobile Phone Repair

Mobile phone repair is a task that needs high skills and experience. That is why we always recommend users trust...

Home Improvement2 weeks ago

Great Ways To Clean To Get Your Security Deposit Back In Full

Moving is almost always stressful as there are tons of things to plan and do. Getting your security deposit back...

Home Improvement2 weeks ago

DIY Garage Door Repair: Tips and Tricks for Fixing Common Problems and Maintaining Your System

If your garage door needs to be fixed, wait to call a repairer. Many common problems can be fixed quickly...

Education3 weeks ago

7 Tips to Choosing the Right University for You

Are you considering continuing your education at university? If so, it can be overwhelming to decide which school is right...

Finance4 weeks ago

3 Ways Loans from Credit Unions Are Different From Major Banks

If you’re in the loan market, you may wonder if a credit union is the right choice. Here are three...

Food1 month ago

The World of Coffee: Exploring the Aromas, Flavors, and Benefits of the World’s Most Popular Beverage

Coffee is one of the world’s most popular beverages, enjoyed by people of all ages and backgrounds. It’s also one...

Education2 months ago

New Driver? 5 Things to Consider When Looking for Driving School

When it comes to choosing a driving school, there are many factors to consider. Not all driving schools are created...

Home Improvement2 months ago

Landscape Irrigation Systems: The Basics

If you’re a homeowner, you know that keeping your lawn and landscaping looking nice can be a lot of work....

Travel2 months ago

5 Things to Look for in Luxury Hotels

When it comes to luxury hotels, there is a lot to look out for. Here are five key things that...

Home Improvement2 months ago

Is There a Difference Between Commercial and Residential Concrete?

If you’re a contractor, you know that concrete is a versatile construction material. But did you know that there are...

Law2 months ago

5 Tips to Find the Right Litigation Firm

When it comes to selecting the right litigation firm for your legal needs, choosing wisely is of utmost importance. It’s...