Frequently asked questions for a Russian family lawyer:
Divorce, divorce (divorce proceedings), and everything that is connected with it - are my main specialization.
The divorce and collecting alimony are the two first question which rise before spouses when further joint life becomes impossible. Russian family lawyer who deals with disputes on alimony, property, children will become a reliable support for you in court.
DIVORCE (Dissolution of a marriage) IN COURT WITH RUSSIAN FAMILY LAWYER
Dissolution of a marriage with the consent of the spouses and the absence of common minor children is a fairly simple procedure. To do this, spouses just need to submit an application to the registry office. However, in more complex cases, a help of a divorce attorney is usually needed.
When the spouses have children together, divorce without going to court, even if there is a mutual desire of the husband and wife, is impossible.
For divorce, the spouses must go to the district court.
To do this, one of them will need to file a statement of claim for divorce.
If you are unable to do this yourself, you can contact our English-speaking family lawyer.
COLLECTING ALIMONY THROUGH COURT – MOSCOW FAMILY LAWYER
Collecting alimony is one burning issue for the parents who have remained with the child.
After the divorce of parents, children lose daily communication with one of them.
At the same time, the financial burden on the parent who is raising the child inevitably increases. So first of all, to protect the rights of children during divorce, the institution of alimony obligations is enshrined at the legislative level.
ALIMONY IN THE SHARE RELATION OR THE SOLID MONETARY (FIXED) SUM.
Firstly, this group of litigation includes the very judicial recovery of alimony for children in a share or a fixed amount. Moreover, a statement of claim or an application for the issuance of a court order for the recovery of alimony often does not resolve this issue once and for all.
A lot of issues arise at the stage of execution of a court decision. For example, it is not uncommon for people to apply for the recovery of alimony in a fixed sum instead of payments in the amount of a share of earnings. This right is used in Russia by parents in the case when the second spouse has a variable income that cannot be controlled by obtaining a 2-NDFL (tax) certificate, or when the father hides his income.
In addition, individuals often face the need to apply for a reduction in the amount of alimony due to a change in financial situation or the appearance of other children in a new family. An application for a decrease in monthly payments is also resolved in a lawsuit.
In addition, fathers sometimes wonder how the mother spends the money paid for the child. The ability to control the expenditure of monthly maintenance is also provided for by law, and claims for transferring part of the alimony to the minor's current account are also considered in court.
Thus, the issue of alimony is a large section that includes both their direct collection on the child and subsequent disputes related to changes in the amount and procedure for their payment.
DISPUTES ON COLLECTING ALIMONY FOR SUPPORT OF THE WIFE
In addition, monthly payments may be levied for the maintenance of the spouse, during the period of her disability - often before the child reaches the age of 3 years.
This section also covers the issue of collecting alimony by disabled parents (pensioners or disabled people) from their able-bodied children. Their amount is determined by the magistrate based on the property status of both parties.
DISPUTES ON CHILDREN - MOSCOW FAMILY LAWYER
As a rule, upon termination, it is often necessary to draw up a claim to determine the place of residence of the children (usually from the mother's side), as well as determine the procedure for communicating with the child (often filed as a counter on the part of the fathers). It also happens that during only the divorce proceedings in the magistrates' court (or Justice of the Peace - the lesser court in Russian Federation), these disputes do not arise, but after a while, a dispute begins about the children - the wife, for example, does not allow to see the child.
Both of these categories of cases are also carried out by our English-speaking family lawyers in the courts.
If you need to draw up one of such claims in court (on determining the place of residence or the procedure for communicating with the child), you can order them from our experienced lawyer to draw up remotely for a fee.
THE DIVISION OF JOINT PROPERTY
In addition to alimony and issues related to child custody, in case of divorce in court, the court should investigate the existence of a dispute on the division of property. Often, after a divorce, questions begin to arise about the division of an apartment, a car, as well as debts, loans, and drips. It is good if the spouses had a prenuptial agreement - but this is extremely rare. Otherwise, you will most likely need the help of a lawyer.
HOW DO DIVIDE JOINT PROPERTY IN RUSSIA? CONSULTATION OF A RUSSIAN FAMILY ATTORNEY.
1. Determine the property that will be divided.
1.1. To begin with, we determine the amount of property that will be considered jointly acquired and, which we will divide accordingly.
For this purpose, it is necessary to decide on the time span (the period of joint life) for which this property was bought (profited).
From the beginning of the period, everything is simple - from the date of marriage.
How to define the moment on which we will consider the general property it is obvious that at different times spouses have different volume and structure of the joint property.
There can be two options:
1. If spouses still are in marriage and conduct a joint economy, then the quantity of property will be just defined at the moment of its division. It is connected with the fact that being in the marriage spouses can still divide property, irrespective of its cancellation.
2. If the family relations have already stopped earlier, then it is necessary to determine the volume and structure of the general property at the time of the termination of the marriage relations. Here it is possible to make a start from two reference points: and.) divorce in the REGISTRY OFFICE (if the actual termination of the relations and divorce in the REGISTRY OFFICE have coincided); б.) the actual termination of the marriage relations, without divorce. For example, in January 2017 spouses have separated, and in July 2017 have dissolved their marriage. If the spouses have separated and have dissolved marriage at the same time, then we consider for date of divorce, that is (for example) July 2017.
So, we write down dates: beginning and end of the actual marriage relations.
1.2. Now we are compiling a list of all property (apartment, house, land, car, garage, etc.) that was purchased during the specified period and which is available on the date of the division of the spouses' property.
We write down a list of properties.
It is important to understand that spouses could buy and sell a lot of all kinds of goods during the marriage, but only the property that was available at the time of its division will be subject to division. This means that if, for example, a car was sold six months before the date of the division (and even if only one spouse took the money), then it will not be possible to divide it now, the car will not be subject to division (although in court you can try to prove the non-receipt of money as the second spouse and, as a consequence, the recovery of half of the money). With cars, by the way, in legal practice, this happens quite often, since the law does not provide for the mandatory receipt of notarial consent from the spouse for the sale of a car. Unlike cars, obtaining notarial consent for transactions with real estate acquired in marriage is mandatory.
So, you have made a list of properties.
If all this property was acquired with money earned in marriage, then all of it will be considered jointly acquired.
But there are cases when it will not be considered jointly acquired.
It is necessary to remember what funds the listed property was purchased with. Is there one among him, which was acquired, although in marriage, but with the money earned before the wedding? Is there any property presented to one of the spouses as a gift (for example, an apartment or a car donated by parents)?
- Remember what property you and your spouse had before marriage. Everything that was in the property of the husband and wife on the day of the marriage, and even if it survived until the day of its dissolution, will not be shared. Premarital apartments, cars, summer cottages, garages, and any other property will remain the property of the one to whom they belonged before marriage and will not be shared.
Exceptions of this rule:
- If to the property acquired before marriage, the family at the expense of total income has made significant inseparable improvements which have increased its cost, then the second spouse (who was not his owner) can demand to share this property. Example: at the time of marriage the wife had a house of 50 square meters worth 1 million rubles, and in marriage at the expense of the family budget the house has been increased twice up to 100 square meters, therefore, its price has grown to 2 million rubles. In this case, the husband has the right to demand recognition behind it 1⁄4 shares in the right for the house. Calculation of 50 sq.m. are 50% of 100 sq.m. I.e. 50% or is 1⁄2 premarital property of the wife. Other 50% have been built to the general means in marriage and have to share equally, that is on 1⁄2 from 1/2. Thus, the house will share so: wife: 1⁄2 + 1⁄4 = 3/4. The husband will get 1⁄4 shares in the house.
- It also happens that an apartment under an investment agreement was paid for before marriage, that is, with the personal savings of one of the spouses, and the ownership right "Unified State Register of Real Estate of the Russian Federation" was registered already in marriage.
Here you need to start from the essence of the law: "All property ACQUIRED in a marriage is common." The main words here are: ACQUIRED IN MARRIAGE. It does not matter when it is registered (married or not), the main thing is who acquired it, at what moment the money was earned to purchase it. If before marriage, then by proving this in court, you can ensure that it is not divided.
So, what is not shared, we remove from the common property and get a list that can be divided.
Further, when you understand what you have the rights to, you offer the other party to agree on the division of property on a voluntary basis.
If spouses have agreed and agree to divide property without court.
As a general rule, everything is divided equally between the two spouses. When dividing in kind, that is, when determining who will get what, the parties determine the market value of all property and divide the property in such a way that the value of the property transferred to each is equal. If this is not possible, then the spouse who received the more expensive property pays the second spouse compensation (i.e. the difference in value).
How the cost is determined.
When the property is divided, the actual market value is taken. You just need to "ask the price" for advertisements in the newspapers.
With a voluntary division, everything is formalized by a notarial agreement on the division of property. That is, the parties come with documents of title to a notary and there they draw up an agreement on the division of jointly acquired property. Without notarization, the agreement will be void - i.e. invalid. Such an agreement is not required only when the re-registration of the right is not required - i.e. the spouses divided the property in the same way as their rights have already been formalized and there is no need to change anything in the documents of title. In this case, the agreement can be called "gentlemanly", since it will not be valid, but at the same time the parties agree with the existing state of affairs.
How to divide property in the absence of the consent of spouses – when they could not agree.
In this case, the division is possible through court. In court it is necessary to declare requirements:
1. To recognize the property as jointly acquired.
2. To recognize the spouses' ownership in certain shares.
As we said, everything is divided equally. The court will divide it, if it is an apartment, then 1⁄2 share. If the car is also 1⁄2 each. Obviously, it is impossible to use the car together, therefore if the car is transferred to one of the spouses, then the second is transferred by a court decision of equivalent property or the obligation to pay compensation is awarded.
Can one of the spouses be deprived of a share in an apartment, provided that it is acquired in marriage? If the spouse is against depriving him of his share in the apartment and wants to live in this only housing for him, then it is definitely impossible to deprive him of his share.
As for other property, it will be transferred to the one who is more interested in using it. If, for example, a husband needs a car to work as a taxi driver and this is his only source of livelihood, then the car will be handed over to him. Or, for example, an expensive video camera is given to his wife, which she uses to work as a journalist.
If the parties do not have such priorities and they could not agree, then: in large property, the court will simply determine the shares, and the small property will be divided equally: furniture, appliances, etc.
So, everything should be clear with the division of property.
2.1. Debt division: mortgages, loans, credit cards, loans taken from individuals on receipts.
All debts RECEIVED IN MARRIAGE will also be divided equally, including bank loans, including mortgages (i.e. with collateral), as well as debts were taken on receipt from individuals.
How to determine which debts will be shared?
Debts that are taken for spent on the needs of the family must be paid by both of them in the same way.
With voluntary consent, the conditions on who will pay the loans taken together are also indicated in the notarial agreement on the division of jointly acquired property.
If it was not possible to agree voluntarily, then in court it will be necessary to declare claims for the recognition of obligations jointly acquired.
If in court, the wife, for example, proves that the loan taken by her husband was not spent on the family (and that she did not know about it at all), then the court may refuse to recognize this debt as general and leave it only to her husband (and vice versa).
2.2. Debts taken before marriage and paid by spouses together in marriage can also be divided.
For example, before marriage, my wife took out a loan for 150,000 rubles. At the time of marriage, the balance of the loan was 100,000 and was fully paid in marriage from joint funds. In this case, when the property is divided, the husband has the right to collect from his wife 1⁄2 of 100 tr. (ie 50,000 rubles), which he paid for her loan, which she took before marriage and spent on her own needs, before the birth of the family.
In this case, claims are filed with the court to recover the money paid on the loan from the second spouse.
An application for the division of property can be submitted at any time during the marriage, and after the dissolution of the marriage - no later than three years from the date of its dissolution. After three years after the dissolution of the marriage, the rights to property will remain in the form in which they are.
Read more about the procedure for filing a statement of claim with the court on the division of the spouses' property in other articles in our blog.
So if you need the legal services of a Russian Family Lawyer you can contact me by phone or messengers.
Advocate Tarasenko Vasiliy Georgievich.