– In this regard, justices of the peace and courts of general jurisdiction bear a huge burden on the consideration of this category of cases. This is due to the fact that the former spouses do not trust each other and seek to consolidate their agreements with the help of court decisions. For non-fulfillment of which, by the way, interim measures can be applied, as well as administrative and even criminal liability. However, participation in court sessions is a huge time, moral and intellectual, and often also financial costs. The phrase “we’ll meet you in court” is often heard in heated family debates. Often, former spouses accuse each other of trying to push their position in court using different methods , ” says Ivan Solovyov, Honored Lawyer of Russia, Doctor of Law.
But now, according to the lawyer, there is a completely legal alternative for all such cases. “The state has consistently expanded the powers of notaries over the past few years, giving them additional functionality. Therefore, giving citizens the opportunity to conclude peace agreements with the participation of a notary without going through lengthy and energy-consuming court procedures will not only make life easier for almost a million people who get divorced a year, but also allow courts to consider other categories of cases in a more free regime, ” Solovyov said.
He specified that after the divorce, real estate, bank deposits, cars and other movable property, income received from any activity, securities, jewelry are subject to division. So, for example, if the spouses acquired real estate in marriage, then, regardless of who gave money for it and in whose name it is recorded, the shares are recognized as equal. In order to settle the issue of joint property in a different way, it is necessary to conclude a prenuptial agreement.