July 23, 2018
A divorce is an official or legal process to end a marriage or civil common union between two people that have lived together for 2 years or more. Going through a divorce, it's a tough situation for both parties although it occurs in an amicable way, since there are many issues related to properties, money, inheritance, debts or children's custody, that need to be solved during a marriage dissolution and as every divorce is a different scenery it is advisable for the parties to look for law firms in Colombia that provide them with the appropriate assistance and representation.
In this blog post we show you some of the most relevant aspects related to this important topic which will help to clarify doubts that you may have if your relationship has started having inconsolable differences:
What is an Amicable Divorce?It is also known as mutual agreement divorce. This is a type of marriage dissolution in which both parties decide to end the relationship in good terms and they agree about all the issues related to the separation. This is a quick and simple process that allows the representation of at least one attorney and only can be carried out if there aren't children involved since the custody need to be determined by the judge.
What is a Common Divorce?When a couple decides to get married, they don't do it thinking about the possibility of having a divorce in the future, but when this occurs so many legal concerns arise among the parties, even more, when children were born during the relationship. Once both parties make the decision to dissolve the marriage, they need to start thinking about the distribution of assets obtained during the marriage. One way of having things as clear as possible in a couple is having a prenuptial agreement, which far from being evidence of insecurity about your partner, it's a smart decision that will ease the situation whenever a divorce occurs.
Mutual and Separate PropertyWhen a marriage dissolution occurs, assets are categorized into mutual property or separate property and it is necessary for the spouses to understand the difference between these two definitions.
Fair Property DistributionPeople may think that the equitable distribution is as simple as to divide all the properties in the middle, but it is not that easy. The equitable distribution consists of splitting down the property in a fair way, where aspects like the earning power of each party and their contributions in the course of the marriage are considered by the judge, in order to grant that each party receives equal distribution of property in value. In some cases, one of the spouses submits evidence at the court to demonstrate that his or her contribution was considerably bigger than the other party, so the judge can determine whether the request is accepted or not.
Commingled FundsAs mentioned before, when a couple gets married without a prenuptial agreement, all their mutual assets owned during the marriage are divided through equitable distribution when a divorce occurs, however, the spouses have the alternative of "commingle" their separate property, where one or both of them share their inheritance –money or property– brought into the marriage, with the marital assets which mean that inheritance will become subject to division in a divorce. Once you commingle your funds with your separate property there's no way back, and sometimes this can complicate even more the settlement negotiations when deciding how assets are divided in a divorce.
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