Everything You Need to Know Before Contacting a Lawyer
A lean agreement is better than a fat lawsuit.
This saying holds true for any type of dispute, particularly in family relations. When it comes to divorce, an agreement between the partners offers numerous benefits to both parties. First, an agreement avoids a court case, which would otherwise bring considerable stress, long duration, and significant costs. Additionally, no lawyer, judge, or social work center can understand the needs of you, your partner, and your children better than you. For these reasons, our office always encourages clients seeking a divorce to consider a mutual divorce agreement.
The process of obtaining a mutual divorce is straightforward, but reaching a satisfactory agreement is not always easy. Those who have not fully considered all the necessary elements often realize the value of a good agreement only after the fact. Here, we highlight key considerations that spouses should think through before finalizing such an agreement.
Depending on whether the couple has minor children, a mutual divorce agreement consists of two or three main segments:
1.A joint statement expressing mutual consent to divorce,
2.An agreement on the division of marital property,
3.If there are minor children, a parenting plan.
AGREEMENT ON DIVISION OF MARITAL PROPERTY
Firstly, spouses should determine what assets they possess and distinguish between shared marital property and individual assets.
Briefly, separate property includes personal items, assets brought into the marriage, and assets acquired during the marriage as gifts or inheritance. Separate property also includes any income or value derived from such assets, as in natural or civil fruits of those assets. Separate property is not divided and remains with the spouse to whom it belongs. However, identifying the extent of separate property can be complex due to various legal provisions, so it is essential to consult your lawyer in each case.
Marital property, on the other hand, is property acquired through work during the marriage or jointly gifted to both spouses. A fair agreement begins with the identification of separate property. Once spouses clearly know what constitutes separate property, they understand that the remaining assets are shared.
How to Begin Dividing Marital Property?
Patience is key. It is recommended that spouses make a list of shared property. Start with “large” items like real estate, vehicles, savings, etc., then list other movable assets (e.g., furniture). Once this is complete, division can begin.
Division of Assets and Ownership Proportions
Serbian Family Law assumes that each spouse has an equal share in marital property, dividing it equally. However, spouses can agree otherwise, depending on each spouse’s actual contribution to acquiring and increasing property. Contribution is assessed not only by salary but by any work invested in maintaining the household, caring for children, etc.
Detailed Property Distribution
Unlike listing assets, spouses should start with “small items” when dividing assets, dividing movable property by value rather than by number if they have agreed to an equal share. Next, they should agree on the division of vehicles, where only one spouse can be registered as the owner, often compensated by the other in cash.
For real estate, it’s ideal to divide it such that each spouse receives full rights to one property, if possible. Otherwise, they can be registered as co-owners with specific shares.
Finally, the couple can divide savings. This step should be reserved for last, as savings are divisible and any discrepancies in other asset values can be offset here.
PARENTING AGREEMENT
For most parents, the parenting agreement is the most important part of the divorce agreement.
Law provides for two types of agreements: joint custody and sole custody. In either case, parents are required to prioritize the child’s needs over their own during negotiations.
Most parents choose joint custody, but it’s often challenging in practice as children typically live with one parent post-divorce. In such cases, sole custody agreements may be more realistic, still allowing the other parent to visit the children, participate in major decisions, and continue a meaningful relationship.
Child Support
Child support is typically paid by the parent with whom the child does not live and is calculated based on annual needs, considering living expenses, school materials, and other annual costs. The amount each parent contributes depends on their financial status, salary, and additional dependents, among other factors.
If you have any questions, please contact us.
Law Office Todorović