“In Russia there is a stable growth of solutions to property issues upon divorce out of court, – told in the PNP. – So, in 2019, the notaries certify nearly 20 thousand agreements about property division and more than 30 thousand agreements on the payment of alimony”.
according to the Ministry, last year the Registrar’s office recorded almost 310 thousand divorces. Thus, almost every sixth case of the couple after the divorce, went to the notary to divide the property or to negotiate the child support.
it is Curious that in China after the lifting of restrictions associated with the virus, there was a spike of divorces. Many love boat has crashed against the quarantine. Domestic psychiatrists and psychologists do not exclude that a similar situation may occur in our country. Although I want to believe that most families still pass inspection with the virus.
whatever it was, the divorce process is often accompanied by division of property, sometimes very painful. “And if the family has children, many more questions arise with a parent they will live, how and in what amount will be paid alimony, – say the experts of the PNP. To deal with this very difficult as from a psychological and legal point of view. The cost of legal support for litigation is quite high and can be tens of thousands of rubles and higher. Since counsel only protects one side, the spending on defense have to think and the second side of the divorce process. If we add to this the state fee for filing a claim in the court and time costs, the process is expensive and long. On a number of complex issues that accompany the divorce process easier, faster and cheaper to go to the notary. It can help, for example, to divide the marital property in writing to formalize the agreement on the place of residence of children, arrangements for contacts with them and their education, to address the issue of detention of children, make an agreement about child support”.
Gaining popularity and the marriage contract as a way for a civilized divorce. To conclude a marriage contract at any time, no matter how much the spouses lived together. Some began to contract marriage before divorce. “This document is more flexible and has less restrictions than the agreement on the division of property, – explained in the Federal notarial chamber. – Therefore, if the marriage has not terminated, the notary it is recommended to conclude a marriage contract, which in the case of divorce, will allow you to resolve property issues without going to court.”
If the marriage is already terminated, then there are only two ways to divide property and resolve the issue of alimony through the court and through the notary. “The license agreement section the common property of the spouses will be charged a rate of 0.5 percent of property value, but not less than 300 rubles and no more than 20 thousand roubles, – explain in the PNP. Or, in rare cases, when the agreement is limited to establishing the shares in the right of common ownership, the rate is 500 rubles + payment for the services of legal and technical nature. The fees for these services are approved annually by the notary chamber of every subject of the Russian Federation. They are available on the official website of the notary chamber of a particular region or on the portal of the Federal notary chamber. At the same time, legal support of litigation on the division of property may cost significantly more.”
In the alimony agreement may include cash payments one – time or periodic transfer of other property – a one-time or periodically. The notary will help to make the agreement acceptable to both spouses, and will prove it.
“we Note that the notary works in the area of undisputed jurisdiction: it certifies the contract between spouses, rather than by forcing them to sign it – say in the PNP. – However, family relationships – matter complex, and not always spouses are able to agree among themselves. And if earlier the only way to resolve the dispute in such a situation there was a trial, it is now possible to turn to a professional third party – mediator, who helps to craft a solution that satisfies both sides. Since October last year, a mediation agreement can be certified by a notary, which gives him Executive power. In this case, if one of the parties does not comply with the terms of the agreement, the second party may appeal directly to the officers without going through the courts. This method is much easier, faster, with reconciliation of the parties takes place without undue emotional stress”.
According to the President of the Federal notary chamber Konstantin Corsica, notarization of mediation agreements in the near future will be a trend. “The opportunity at any time to contact the notary is a qualified lawyer, acting objectively and independently responsible for their work, gives citizens a guarantee of their rights and legitimate interests in the committing of legally significant actions”, – said Konstantin Korsik.
