Litigation related to divorce involves legal difficulties. The main one is the division of property (common assets and debts). Legal relationships between spouses are regulated by several normative documents of the Civil and Family Code of the Russian Federation #143. Some articles of the main bills have significant shortcomings, which lead to delays in divorce proceedings for months and years. In 2021, a set of amendments were made to the laws. Experts believe that after their consideration, the divorce procedure will be simplified. In this article we will look at the new law on divorce and its provisions. We will also list which divorce laws are new in Russia.
What is divorce and the rights of spouses
Marriage and family relations are based on mutual love and respect (Article 1 of the RF IC). But in life there are legal, financial, everyday and personal problems that lead to divorce.
Termination of marital relations is a public procedure established by law that regulates issues of common property of spouses. The legal framework in Russia provides for two methods of divorce: voluntarily through the registry office and through the territorial court with the filing of claims within the framework of the civil procedure code.
The provisions of regulatory documents establish that a husband and wife have the right to count on a share of jointly acquired property and the right to raise common children. The legislative framework for measures taken during divorce includes the “Law on Executive Proceedings” No. 229 of 2007.
Prenuptial agreement and separation agreement - so that the business becomes only yours
To avoid dividing property during a divorce, spouses draw up a prenuptial agreement or separation agreement.
Marriage contract
The rules of the marriage contract are prescribed in Chapter 8 of the Family Code.
Spouses enter into a prenuptial agreement if they do not want to divide property equally. They seem to say: “Everything we buy and earn does not become common.”
The conditions for the contract can be chosen differently. For example, that the property will be the personal property of the spouse in whose name it is registered. This is exactly what you can do with the share of an LLC and the assets of an entrepreneur.
You can determine shares in property - establish shared ownership. And also immediately agree on who will get what in the divorce. Even if the spouses go to court, the business will be divided according to the contract, and not according to the law.
You can agree on a business that you already have or that you are planning to open. It is legal.
In principle, a prenuptial agreement resolves any issues regarding property and money. You can't just mix in human relationships. For example, write that the spouse will lose the business for treason.
The terms of the marriage contract must be fair. If it turns out that one spouse gets everything in life and the other gets nothing, the court will cancel the contract.
After ten years of family life, the couple entered into a marriage contract. They had a house of 70 square meters on a large plot, a two-room apartment, a boat and a Toyota car. Only ¼ share in the apartment is registered to the wife. The rest was registered in the name of the husband.
According to the contract, the property belonged to the spouse in whose name it was registered. That is, almost everything acquired went to the husband.
The husband died and the wife was left with three children. Then she challenged the marriage contract. The court considered that such a imbalance in conditions was unfair. The contract was canceled and the wife received half of the property.
A prenuptial agreement is concluded before the wedding or at any time after. At least the day before the divorce.
The contract is certified by a notary. The service costs 500 ₽ at the Tax Code rate. But in reality, they will charge spouses from 5,000 rubles. This is a fee for text and legal expertise.
Once the contract is signed, you cannot refuse simply because enlightenment has arrived. Just negotiate with your spouse about termination and go to the notary again.
Even when an entrepreneur has problems and debts, he notifies creditors about the prenuptial agreement. Otherwise, in case of bankruptcy it will be canceled.
Agreement on the division of common property
The agreement divides specific property that appeared during the marriage. What is not shared remains common for the spouses.
In this way, you can divide the share of the LLC and the assets of the entrepreneur. This can be done in marriage, when the relationship is normal. Or you can during a divorce, so as not to get involved in an expensive legal dispute.
The division agreement is drawn up by a notary. They pay 0.5% of the value of the property. Therefore, an assessment of the market value of a share or assets is ordered.
