The settlement agreement on the division of the property of the spouses and the marriage contract.

Division of property in the event of a divorce is a fertile ground for conflicts, which often have to be settled in court. However, if you have problems, do not rush to file a claim. An appeal to an experienced family lawyer will help to find ways of pre-trial settlement of disputes and come to reconciliation. Also in practice, there are often cases when, under the influence of emotions, one of the parties does not want to listen to the arguments of the lawyer and sue. But during the process it becomes clear that the case takes an unfavorable turn and the signing of a global treaty is the only reasonable solution.

Why is it worth concluding an amicable agreement?

The amicable agreement on the division of spouses' property provides ample opportunities for regulating material rights, it can include any terms by agreement of the parties that do not contradict the law. Its subject may be only jointly acquired property. Gratuitously received property, things purchased for children, deposits opened in their name, as well as intangible rights, are not regulated by this document.

Appealing to a court is not only a significant monetary expense, but also the need to follow the letter of the law. The court decision is made within the framework of legal norms and many personal circumstances remain aloof. As a result, it can disappoint both sides and lead to endless appeals.

The opportunity to conclude an amicable agreement on the separation of spouses' property exists during the marriage and within 3 years after the divorce. It can be signed not only in the pre-trial order, but also after the filing of the claim before the court decision is made.

It is worth noting that the agreement on the division of property should be concluded only between the spouses, in the presence of a third party the transaction can be recognized as invalid. Undoubtedly, the division of property often affects the interests of creditors, investors and other persons, but their rights are determined by separate clauses of the treaty, and not by increasing the number of parties. The settlement agreement on the division of spouses' property does not require mandatory notarization. To ensure that the text of the document meets the requirements of the law and properly reflects the interests of the parties, one should turn to a lawyer.

What is the difference between a marriage contract and a settlement agreement?

Another way to avoid conflicts in divorce is the conclusion of a marriage contract. This document is an agreement on the division of property of spouses, determining the material rights during the marriage and in the event of a divorce. The marriage contract provides an opportunity to establish a regime for the possession and use of property, as well as to specify the conditions for mutual maintenance. Its subject may be already acquired joint property, personal property of the parties, bought before marriage or received free of charge after its conclusion, as well as assets that will be purchased in the future. Intangible rights and personal relations can not be regulated by this document, and the conditions that put one of the spouses in an unprofitable financial position are also illegal. A marriage contract can be drawn up by spouses or by persons intending to marry. Without a notarization it has no legal force.

The amicable settlement and the marriage contract are effective tools allowing to regulate marriage property relations. How is this conclusion relevant for ordinary Russian families? Lawyers recommend that these documents be prepared for spouses who are jointly engaged in commercial activities, as well as purchasing real estate and cars on credit. The definition of the procedure for repayment of obligations and division of business in divorce are the most complex categories of court cases.