Divorce as a total disaster
Legal consequences, as a rule, take their place and extend the effect from the moment of entry into force of the court’s decision if the marriage was dissolved in court. Or from the date of issuance of the certificate of divorce and heading in the public register, if the separation was accompanied in the registry office. After that, all family-legal relations for both spouses that dominated during the marriage period cease.
The common property of the mates can be isolated between the life partners upon their understanding. In line with the companions, this exchange can be authorized. Legitimate practice forces other prerequisites on the substance of such an opinion – it must decide the extent of companions and indicate which property is to be exchanged to every one of the life partners. There was a situation while, amid the thought of the case, it was essential to see if the division of the common property of the life partners (the vehicle) occurred. An understanding was finished up, between the companions, as indicated by which the car has a place with the spouse and is utilized by her for business purposes, and the husband does not guarantee this property.
The courts of first intrigue occurrences thought about that the understanding accommodated the division of the fundamental property of the spouses. Be that as it may, as the cassation case showed, the substance of this understanding suggests that the spouse just denied the vehicle, while the agreement does not contain any references to the way that the husband gets something consequently and to what degree he gave his offer to his better half. On this premise, the cassation court arrived at the resolution that there was no division of the property of the mates, which implies that a standard property routine could be reached out to the vehicle with all the legitimate outcomes that would follow.
In those cases when, for one reason or another, the acquired property was not divided during the marriage, it will retain this regime in the future. That is, the dissolution of a marriage without division of property does not mean that it turned into a share or separate property. Family Law establishes a three-year limitation period, during which spouses can claim their rights to specific property acquired in a joint marriage.
The term begins its action from the day when the person learned or should have learned about the violation of his rights.
As mentioned earlier, the divorce process does not always end with an amicable agreement, and the disputants try to find a more practical option for themselves. A vivid and widespread example is the cases when one spouse sells the property thoroughly, thereby “cutting off” the way of getting the share by the second spouse. To avoid such incidents, the law provides that the implementation of the transaction of sale of movable or immovable property requires the written consent of both spouses. This agreement is expressed as a signature on the document. And only after that, the transaction will be considered lawful in compliance with all requirements. But in most cases, such procedures are not respected.
Also, there may be a situation where the dissolution of the marriage is made, but the former spouses continue to live together, and accordingly, acquire the property. In this case, it is divided into common equity or private property.
Considering the branch of inheritance law, the spouses forfeit the right to transfer the inheritance according to the law upon the dissolution of the marriage upon the death of one of them. But it should be emphasized that the termination of family and legal relations between spouses is not the basis for termination of relationships between parent and child. In this case, there will always be a legitimate connection. Children are full heirs of their parents. Slightly deviating from the topic, it should be said that according to the Civil Code of Indiana State, even persons entitled to an obligatory share in the estate may be deprived of it. For example, “the children maliciously avoided the fulfillment of the obligations under the testator under the law.” This category of citizens refers to the term “unworthy heirs.”
However, it should be noted that some relationships that have arisen during the marriage period persist. For example, at the request of the spouses, the surname can be left, and each of the former couples independently and regardless of the opinion of the other party decides to leave him a common last name (the same as the other spouse) or return his pre-marital name. Upon the occurrence of certain circumstances, it is possible to provide the payment of compensation by one spouse to another. I believe that this is a perfect way to protect your property rights in front of another spouse.
Thus, the termination of marriage upon its dissolution is essential for the protection of the rights, freedoms and legally protected interests of the spouses. If the wedding is dissolved in the registry office, it will be terminated from the date of state registration of the divorce in the civil status register book, and upon termination in court from the day the court decision enters into legal force.
The legal consequences of the dissolution of a marriage are such that if a marriage is terminated upon the application of one or both spouses in court or the registry office, all the legal relations between them, except for mutual alimony and relationships arising in connection with the contractual regime of the spouse’s property, are terminated.
The state, as a partner of the family, is called upon to actively participate in the process of its adaptation to new socio-economic conditions, constantly adjusting these conditions, based on the socially significant interests of the family itself, its livelihoods. It is not about family care or the substitution of its functions, but about creating the necessary macroconditions through laws, decrees, various government decisions that largely determine the livelihoods of the family in society, activate or, on the contrary, complicate its functioning.
Family law, as before, does not contain qualitative material criteria that make it possible to distinguish family relations from relations regulated by other branches of law. An attempt to define family relations as relations arising in a family also does not answer the question about the nature of these relations. Not all families in a sociological sense constitute a family in a legal sense. The search for these criteria would allow more correctly, more fairly to solve the problems arising from the dissolution of marriage, in cases where moral sense and personal-confidential basis played a significant role in family relationships. It is assumed to be correct in cases where both spouses agree to a divorce, and public authorities should only register their agreement on dissolution.
These bodies should not associate their actions with assessing any circumstances or making decisions. Now it exists only when the marriage is dissolved in the registry office. The unwillingness of the spouses to invade their private, intimate life in these cases should be taken into account.
Prohibiting a husband to demand divorce unilaterally (during his wife’s pregnancy and until the child turns has been repeatedly criticized. If a wife refuses to divorce, then she certainly has grounds for this, and the protection by law of the rights of the unborn child should be considered to be predominant. At the same time, the situation when the husband is not the father of a child born by his wife requires new decisions from the court. In such cases, with the unilateral desire of the husband, marriages will have to be terminated (certainly in court).
Thus, the dissolution of marriage is an essential process in the lives of many people, so the correct solution of the problems and issues in conducting of it will have a significant impact on former spouses, as well as their minor children, regardless of whether this marriage is terminated in court or Registry office.
The consequences of an invalid marriage include:
• It is not allowed to apply the provisions of the marriage contract made during the validity of the invalid marital relations, as well as the recognition of the tangible assets of the spouses jointly acquired unless the court decides otherwise.
• By default, property purchased by a wife and husband in an invalid family relationship is distributed between them according to the rules of the division of joint ownership.
• A child who appeared during an invalid marriage has the right to maintenance and other reasons that the Family Code gives to legitimate children.
• A bona fide spouse has the right to demand support from the other member of the marriage for himself in cases established by family law.
• A bona fide spouse is allowed to bring a lawsuit against her ex-wife or husband and to demand compensation for moral or material damage caused to him due to participation in an invalid marriage.
• As for the non-property personal rights, the bona fide spouse can leave the name he chose when registering marital relations.