Property Rights After Consensual Divorce: Pre-Marriage and Post-Marriage Assets
The divorce process can bring with it many legal and personal complications, especially regarding the division of property rights. Consensual divorce allows the parties to proceed with the divorce process more quickly and harmoniously. However, property rights and the division of assets are an important part of a consensual divorce. In this article, we will examine in detail how property rights and pre-marital and post-marital assets are handled after a consensual divorce.
What is Consensual Divorce?
2.1. Definition of Consensual Divorce
Consensual divorce is a type of divorce in which the parties agree on issues such as property division, alimony, and child custody during the divorce process. The parties turn these agreements into a written protocol and submit them to the court. The divorce process is completed when the court approves the protocol.
2.2. Advantages of Consensual Divorce
Speed and Efficiency: Consensual divorce is concluded more quickly than contested divorces.
Low Cost: Parties generally face lower costs in the consensual divorce process.
Less Stress: Parties can have a more harmonious process with a consensual divorce and reduce stress levels.
Distribution of Property Rights
3.1. Premarital Property
Definition and Scope: Premarital property includes all movable and immovable property that individuals owned before marriage. This property is generally considered personal property during a divorce.
Legal Status: Premarital property is kept separate from property acquired during the marriage. Therefore, premarital property is excluded from property sharing during the consensual divorce process.
3.2. Postmarital Property
Matrimonial Property: Property acquired during the marriage is generally shared equally. These properties are acquired with the joint contribution of both spouses and are specified in the property sharing protocol.
Property Sharing: Property acquired during the marriage is shared between the parties in the consensual divorce protocol. This sharing is usually done according to the principle of equality, but a different arrangement can be made depending on the agreement of the parties.
Management of Property Rights in the Consensual Divorce Process
4.1. Property Rights and Agreement Protocol
Preparation of the Protocol: The parties must reach an agreement on the sharing of property rights. This agreement must clearly state how all property rights will be shared.
Details on Assets: The differences between pre-marital and post-marital assets should be clearly stated in the consensual divorce protocol. The parties should include these details in the protocol to be submitted to the court.
4.2. Legal Document and Approval Process
Legal Document: The consensual divorce protocol is a legal document regarding property rights and asset sharing. This document is reviewed and approved by the court.
Court Approval: The court approves the consensual divorce protocol and the arrangements regarding property rights. This approval ensures that the property rights of the parties are officially valid.
Protection of Property Rights Before and After Marriage
5.1. Premarital Assets
Protection: Premarital assets are considered personal property during divorce. However, necessary legal measures should be taken to protect these assets.
Legal Regulations: Legal regulations and agreements can be made to protect premarital assets. The parties should keep documents regarding these assets and seek legal support when necessary.
5.2. Postmarital Assets
Sharing: Assets acquired during marriage are shared according to the principle of equal sharing. However, the parties can agree on this issue and make special arrangements.
Updated Protocol: The protocol regarding postmarital asset sharing can be updated in line with the parties’ agreement. These updates must be approved by the court.
The sharing of property rights in the consensual divorce process is shaped by the agreements and legal regulations made between the parties. The differences between premarital and postmarital assets should be specified in detail in the consensual divorce protocol. While premarital assets are considered personal property, assets acquired during marriage are generally shared equally. Getting professional legal support during this process helps to manage property rights correctly and ensure a fair sharing between the parties.