Settlement agreement on the division of marital property: sample for the court

Divorce often involves lengthy and expensive legal proceedings. It is possible to minimize material and time costs by concluding an agreement on the division of marital property. We will tell you further how to do this and what is needed for this.

What is a separation agreement

During a divorce, it is possible to divide property between husband and wife by concluding an appropriate agreement. This document will resolve all controversial issues. Its content is determined exclusively by the parties by mutual agreement.

Such an agreement can be concluded both without going to court, and after it, during the consideration of the case. Depending on this, the form and order of execution of documents will have significant differences.

Pre-trial agreement

Spouses, before or after a divorce, can themselves reach agreement on all issues regarding how their jointly acquired property will be divided. In this case, no dispute arises between them, therefore, there is no need to go to court.

The advantage and benefit of this method of dividing common property is that spouses save time and money. The judicial procedure sometimes takes more than one month, and the cost of paying fees is much higher. In addition, there are often expenses for representatives and experts.

Form

In order to correctly draw up the agreement, you must contact a notary (clause 2 of Article 39 of the Family Code of the Russian Federation).

It should be borne in mind that until 2015, the law allowed spouses to enter into such an agreement in simple written form. To this day, many sources on the Internet contain this outdated information that misleads people.

This meant that the divorcing couple could independently write a pre-trial agreement that was legally binding. However, as of 2017, it was established that the division document must necessarily have a notarial form .

If this condition is not met, the agreement does not acquire legal force and is not subject to judicial protection. This provision is also valid for 2018.

Content

If a marriage contract has previously been concluded between the spouses, the agreement must take into account its terms. However, the parties may, by mutual agreement, provide for a different procedure that deviates from the one they previously established. In the absence of a marriage contract, by their voluntary agreement the spouses can provide for any conditions for the division of joint property that suit both parties. The most common are:

1. Determination of the shares of the husband and wife in all or part of the property.

In this case, the parties can divide jointly acquired property either equally, in accordance with the law, or in any other ratio. For example, to determine the shared property of the wife with whom the child remains is greater than that of the husband.

2. Distribution of property between spouses.

The husband and wife decide who gets what items.

3. Division of money and deposits.

Spouses determine who gets and how much cash, as well as in the accounts opened during the marriage.

Property that was purchased exclusively for children is not subject to inclusion in the agreement, regardless of its value (Clause 5 of Article 38 of the Family Code of the Russian Federation). This includes not only clothes and shoes, but also furniture, musical instruments, sports equipment, etc. This provision also applies to deposits opened in the name of a common child.

4. Payment of compensation.

The distribution of property between spouses may be conditioned by the payment by one of the parties of money for excess of the share or value of the transferred thing. In this case, it is possible, as compensation, to provide for the transfer of any sole property of the husband or wife, for example, acquired before marriage, received as an heir or as a gift.

5. Debts and loans.

By agreement, spouses can recognize debts incurred during their life together as both common and subject to repayment by only one of them.

It is important to remember that you cannot divide a loan or mortgage without the bank’s consent. By agreement, a husband and wife can only establish the obligation of one of them or each to pay a certain amount to repay the debt. The loan agreement will not be changed.

Alimony

The document may also establish the child support obligations of one of the parents, their amount and frequency of payments. In addition, it is possible to determine the child’s place of residence and the order of his communication with his father or mother. You can find out more about this in this article.

Some notaries believe that the agreement on division and alimony cannot be combined into one document. Therefore, you first need to get advice from the office where you plan to apply.

Drawing up a document

As a rule, the notary himself draws up the text of the document that he will certify, taking into account all the wishes of the applying couple. But many of them act in a formulaic manner, using a standard template, and are reluctant to include any special conditions.

Spouses can draft an agreement that suits them independently or with the help of a professional lawyer. After presenting it to the notary, ask to certify the document with exactly this content. They have no right to refuse this, subject to the terms of the agreement. The notary will be required to print the submitted text on his letterhead and then certify it.

Download an example agreement in word (.doc) format

Required documents

To formalize the agreement, you must submit the following documents:

• About marriage;
• About divorce (if any);
• For all properties planned for division;
• Confirming the price of common property;
• Loan, credit, mortgage agreements;
• For children (if necessary);
• Others depending on the situation.

Registration costs

For the preparation and certification of the agreement, the notary, in accordance with Art. 333.24 of the Tax Code of the Russian Federation, charges a fee. Its size is set as 0.5 percent of the value of the property divided by the spouses. In this case, the minimum rate is set at 300 rubles, the maximum – 20,000 rubles.

To calculate the amount of the state fee, the notary must submit documents on the value of the property to be divided. As for movable things, these can be documents for their acquisition (agreements, checks, receipts). For immovable properties, one of the following documents must be submitted:

1. BTI certificate or technical passport indicating the inventory assessment.
2. Certificate or extract from the Unified State Register of Real Estate about the cadastral value.
3. Report of an appraiser.

The spouses themselves decide which of the above documents will determine the value of their property. The notary has no right to require the use of any specific type of assessment.

The inventory cost is the lowest, so it is better to submit documents containing this data.

Change and termination

The agreement can be changed or terminated only by mutual consent of the parties. It is also necessary to have these actions notarized. In these cases, either an additional agreement to the existing one is drawn up, outlining new conditions, or a document on its termination.

If one of the spouses does not agree to this, a lawsuit may be filed. The applicant will have to prove that the previously concluded agreement puts him at an extreme disadvantage, his living conditions have changed significantly, or that the document was signed by him under the influence of deceit, delusion or violence.

In practice, it is extremely difficult to prove these circumstances. There are very few judicial acts changing or terminating agreements. The reasoning is that spouses must comply with all previously assumed obligations.

Consequences of non-compliance

It may happen that after a certain time, one of the spouses decides that the previously concluded agreement no longer suits him, he does not want to fulfill it, and wants to make a division according to the law. This will not be possible, since unilateral refusal of assumed obligations, if the documents are properly executed, is not allowed.

If one of the parties does not want to voluntarily fulfill the agreed conditions, the other has the right to go to court with a corresponding demand. If the decision is positive, a writ of execution is issued and sent to the bailiffs. It is they who will ensure the fulfillment of obligations by the unscrupulous spouse.

Agreement in court

Sometimes, during the trial of a case in court, the plaintiff and defendant manage to reach an agreement with each other. In this case, it is possible, without waiting for the final decision, to conclude a settlement agreement in case of divorce and division of joint property (clause 3 of Article 173 of the Civil Procedure Code of the Russian Federation).

Contents and compilation

The plaintiff and defendant must independently, or with the help of their representatives, draw up a document that details all the issues considered by the court. The settlement agreement must resolve each point of the claim.

It is possible to include conditions that were not considered by the court, but are relevant to the division of property. For example, the transfer as compensation of any sole property of the husband or wife. The settlement agreement represents mutual concessions between the parties, so its content may differ from what the plaintiff or defendant requested during the consideration of the case. This document must comply with the law and not violate anyone's rights. For example, it is not allowed to include property belonging to a child in the division.

The spouses must decide by a settlement agreement how legal expenses will be distributed between them - state fees, examination fees, legal services for representatives. If this issue is not spelled out, the costs incurred by each party remain with it and are not subject to reimbursement.

There is no need to pay any additional state fee for approval of this document by the court.

Form

The settlement agreement is drawn up in printed form in three copies. The document is signed by the plaintiff and defendant or their representatives by proxy.

The agreement is submitted with a request to approve it. The court checks the document for its compliance with the law and the completeness of the resolved issues. If anything stated in the claim is not reflected in the text, the parties will be asked to supplement the document.

After approval of the settlement agreement, it acquires the force of a court decision.

Change and termination

Amendment or termination is not provided for by law, therefore, when signing, the parties must carefully study all the terms of the document and make sure that they are satisfied with it.

It is possible to appeal the court ruling approving the settlement agreement within 15 days. However, its cancellation or modification is permissible only in case of significant violations on the part of the court. Only arguments that the terms of the division no longer suit the plaintiff or defendant will lead to nothing.

Consequences of non-compliance

Subsequently, one of the former spouses who entered into a settlement agreement may refuse to fulfill it. Then the bona fide party has the right to receive a writ of execution. After this, you need to fill out a petition to initiate proceedings and send these documents to the bailiffs. The settlement agreement will be enforced.

State registration

When concluding an agreement according to any of the above options, if real estate objects (houses, apartments, plots of land, etc.) are divided, you need to remember the following: rights to these things arise only from the moment of their state registration .

Often, family real estate is previously registered in only the name of the husband or wife. During division, shared ownership arises or the right is acquired by the spouse to whom the property was not registered.

In such a situation, it is necessary to contact Rosreestr, directly or through the MFC, to re-register rights. You can contact the branch of any constituent entity of the Russian Federation, regardless of your place of residence or location of real estate.

To register, you must submit the separation agreement concluded by the spouses.

Source: https://YaiZakon.ru/razdel-imushhestva/mirovoe-soglashenie

Agreement on the division of property of spouses (sample) 2020 - is it necessary to notarize an agreement on the division of property of spouses during a divorce?

Home » Division of property » Agreement on the division of property of spouses during and after divorce

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Concluding an agreement on the division of jointly acquired property between spouses, both current and former, is possible only in cases where there is mutual consent.

It saves the married couple from the need for litigation, which is sometimes lengthy and quite costly.

In addition, when concluding an agreement, spouses can deviate from equality of parties during division and divide all property in a way that suits both.

When can an agreement be concluded?

Each married couple decides for itself at what point in their family life or after its completion they will enter into a voluntary agreement. It is not allowed to conclude such an agreement only before marriage, but this is understandable: until people have entered into a marriage union, they have no joint property and nothing to share.

A voluntary agreement should not be confused with a settlement agreement concluded during a trial. If the first is drawn up voluntarily and at any time after marriage, then the second can only be concluded in court if a certain procedure is followed (the settlement agreement is drawn up in court and the parties only sign it).

A married couple can sign an agreement on the division of joint property at any time after marriage:

1. During the period of marriage . In this case, the spouses can only divide the property that they had at the time of drawing up the agreement. Property purchased after signing the document is no longer subject to this agreement and, in the event of a divorce, it will have to be divided either by drawing up a new document or in court.
2. During a divorce . If the parties are able to communicate and negotiate normally, then this is the most optimal option for partition.
3. After divorce . The condition for drawing up a document after the dissolution of the marriage again becomes normal relations between the parties, when they are able to come to a mutually beneficial solution.

Read also: School for the poor: benefits and free meals

Differences from a prenuptial agreement

A marriage contract, unlike a voluntary separation agreement, can be concluded before marriage, but cannot be signed after its dissolution.

Other differences between an agreement and a prenuptial agreement arise from the legal nature and content of each of these documents:

• the marriage contract is valid for a certain time, the agreement is valid for an indefinite period;
• the agreement can only apply to the property specified in the document, while the contract implies any rights or their termination only after the occurrence of an event specified in the contract, for example, divorce;
• the contract stipulates the possibility of transferring personal property into joint property under certain conditions, but the agreement does not provide such an opportunity;
• the contract may have a generalized name of the property, for example, all real estate or all deposits, the agreement requires a listing of all items that are shared with their specific description;
• the agreement does not require a description of the debt obligations, unlike a marriage contract, where each debt obligation must be described.

Is it necessary to notarize an agreement on the division of property between spouses?

Previously, when drawing up an agreement, it was not required to have it certified by a notary office. But due to recent changes in the RF IC, an agreement not certified by a notary will not have legal force. Why? The answer is obvious.

When drawing up a document and signing it, the notary is obliged to explain to the parties each clause of the agreement, the consequences of its conclusion for each of the signatories, thanks to this, none of the parties will subsequently declare that he did not understand the essence of the agreement.

Moreover, the notary is a guarantor that the agreement was drawn up and signed by each of the parties voluntarily, that no pressure, threats or deception was exerted on any of the signatories, and that each spouse understood what document he was signing.

The legislation does not determine the exact procedure for drawing up an agreement; the main requirement is that it must be in writing, written in legally competent language, must not contain legal or grammatical errors, and it must reflect the legal consequences of fulfilling or not fulfilling the conditions specified in the document. Of course, the document must be signed by both parties, and the spouses must also indicate in the agreement that they both agree to the terms of the division described in the document.

If the agreement is drawn up on several sheets, then the parties must sign each of them, then all sheets must be sewn together.

The agreement prohibits generalization of the name of property, such as houses or vehicles, and each item of property must be described as specifically and in detail as possible.

For example, a family has two dacha plots in joint ownership; in accordance with the agreements, both become the property of the spouse.

In this case, the text of the contract cannot indicate this property as “all dacha plots” or “both dacha plots”.

You will need to write: dacha plot No. 1 with a total area of ​​___ square meters, located at the address ___ and dacha plot No. 2 with a total area of ​​___ square meters, located at the address ___.

The text of the agreement itself must include:

1. Preamble (header) . The date and place where the document was drawn up, the personal data of the signatories and the details of the notary office in which the document was drawn up are indicated here.
2. Subject of the agreement . In this paragraph, it is necessary to indicate whether the parties are married or divorced, refer to the document registering the marriage or its dissolution, and list all joint property that the parties intend to divide.
3. Section order . Here it is necessary to indicate how the spouses want to divide the above property (what of the property goes to whom or the shares in accordance with which the property should be divided) and the procedure for the division (how, where exactly and in what time frame the division will take place), how it is planned to re-register etc.
4. Personal property . The paragraph is completed if the spouses, in addition to common property, have personal property that is not subject to division (inherited, purchased before marriage, or received as a gift).
5. Conclusion . This indicates how many copies of the agreement have been produced and where each of them will be stored. The procedure for making possible changes and resolving disputes between the parties, if any, is also determined.
6. Signatures . Without the signatures of all parties to the agreement (including the notary), the document is considered legally void. It is advisable if, in addition to the personal signature, the parties write their last names and initials in their own hand.

Sample agreement on division of property between spouses

Sample agreement on division of property

Procedure for concluding an agreement

The main condition for drawing up a voluntary agreement must be the mutual consent of the husband and wife to the division of property according to such a scenario. If there is a consensus, then the spouses can proceed to sign the document subject to certain conditions:

• spouses have joint property;
• both are fully capable;
• the text of the agreement has been drawn up;
• The notary has examined the document and has no complaints about it.

The division procedure described in the agreement must not violate the rights of third parties, otherwise the document may be declared invalid.

For example, during a divorce, spouses agreed that they would sell their joint apartment and divide the proceeds equally. At the same time, they did not take into account the rights of a minor child who is registered and lives in residential premises.

The guardianship authorities filed a claim in court to declare the contract invalid, since if it is executed, the minor child will be significantly impaired in his rights and will lose his only home.

The court ruled to invalidate the agreement and prohibited such a procedure for dividing the residential premises.

When drawing up the text of the agreement, information about each of the signatories must be indicated, as well as the individual characteristics of each item of property planned for division under the agreement, both movable and immovable.

To draw up and sign the agreement, the following documents will be required:

• any identification documents of the spouses;
• title documents for property (purchase and sale agreements, checks, etc.);
• certificates of registration and divorce (if divorce has already occurred);
• text of the separation agreement.

To save time for the purpose of checking and possible corrections of the document, spouses can provide it to the notary in advance, preferably in electronic form. Then signatories will not have to visit the notary’s office several times and wait for a long time while the employee checks and prints the text of the agreement.

Signing an agreement at a notary office is not free. You will have to pay a notary for the services of checking and printing the document; this will cost no more than four to five thousand rubles. Also in notary offices there is a certain tariff established for certification of property documents.

• When drawing up an agreement for an amount of less than one million rubles, the spouses will have to pay 0.5% of the agreement amount, the minimum payment amount will be three hundred rubles.
• If the sum of the value of all divisible property is from one to ten million rubles, then the tariff will be 5 thousand rubles plus 0.3% of the value exceeding one million.
• If the total value of the divisible property exceeds ten million, the tariff rate increases to 32 thousand rubles plus 0.15% of the value of the property exceeding ten million.

Duration of the agreement

Unlike a prenuptial agreement, a voluntary agreement is not limited to any event or period of time, it is unlimited.

Spouses can proceed directly with the division of the agreement immediately after it is signed or ten years later.

Of course, it is unlikely that any of them will wait that amount of time; usually the division occurs immediately, but the law does not limit the validity of the agreement to any time periods.

Agreement with compensation

In cases where it is impossible to divide joint property in kind (for example, a vehicle), spouses can enter into an agreement with compensation.

The essence of such an agreement is as follows: one of the spouses receives the entire thing, and the other is paid monetary compensation in the amount of half the value of this property.

Often, in exchange for indivisible property, the second spouse receives other material family assets that are equivalent in value to the property that cannot be divided.

For example, spouses have a vehicle, which, of course, is not actually shared. The couple agreed that upon division the car would go to the husband, and in return the wife would receive an expensive antique set, the cost of which would be equivalent to that of a car.

Important. All conditions of the division with material compensation must be specified in the agreement.

There are often cases when one of the parties to an agreement suddenly finds out that not all the property is indicated in the agreement or that she is not satisfied with some condition stated in the document. The legislation gives the right to any of the signatories to initiate changes to individual clauses of the agreement or its complete termination.

Of course, the other side should try to find a compromise again. If this happens, the parties can choose two ways to implement the agreements:

1. Adjust a previously signed agreement, add additional clauses to it or correct existing ones.
2. Terminate the concluded agreement and draw up a new contract.

If new agreements cannot be reached, the parties will have to decide in court whether the agreement should be declared invalid or, on the contrary, valid.

To invalidate the agreement, the plaintiff in court will need to prove one of the following grounds for making this decision:

• the agreement was drawn up contrary to the norms of current legislation;
• any of the parties to the agreement is declared incompetent;
• the interests of the plaintiff have been violated to a significant extent;
• the divisible property is not described specifically and vaguely, which allows the other party to take advantage of this fact in their own interests;
• there is no signature of any of the signatories of the agreement;
• the document was drawn up and signed after threats or pressure from one party towards the other.

Drawing up a voluntary agreement, like any other legal document, requires knowledge of legal terms, legislation, and certain rules when writing texts of this kind.

It is unlikely that a citizen who does not have a legal education will be able to draw up a legally competent document, correctly apply all the legal terms in it and mention all the necessary legal acts without errors and inaccuracies.

But you can contact an experienced lawyer, he will help not only draw up the necessary document, but also tell you how best to divide the joint property, and warn you if your opponent in the division is trying to take advantage of your ignorance of the laws.

FREE CONSULTATIONS are available for you! If you want to solve exactly your problem, then :

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Source: https://ros-nasledstvo.ru/soglashenie-o-razdele-imushhestva-suprugov-pri-i-posle-razvoda/

Settlement agreement on division of property

A settlement agreement is a document for the division of property of spouses in court. A settlement agreement between spouses on the division of property is an element of compromise in the event of property disputes in divorce proceedings.

A settlement agreement can also serve as another option in divorce proceedings when the parties do not benefit from resolving the divorce issue in court.

What is stated in the settlement agreement on the division of property?

A settlement agreement between spouses is a form of judicial settlement of relationships. The agreement is concluded by mutual agreement and takes into account the benefits of both parties. The conclusion of a settlement agreement on the division of property takes place in court; the disputed property to be divided is the subject of the settlement agreement.

Why do you need a settlement agreement between spouses?

Spouses go to court in case of divorce proceedings, for example, divorce through the court is mandatory if the spouses have children. During the divorce process, spouses incur additional expenses, such as: payment of an examination, payment of fees, and attorney fees.

According to various estimates (and of course depending on the size of the property being divided and the complexity of the litigation), the largest cost items in divorce proceedings are the costs of lawyers and expertise.

If spouses share real estate, cars or business, the examination can cost more than one hundred thousand rubles. Any costs of the trial are recovered from the spouses equally based on the satisfied claims in favor of each party.

In the event of additional requests or applications from one of the spouses to order additional or repeated examinations, the costs remain with the persons who incurred these costs. Such costs are optional and will not be shared between the parties.

It is important to know: in order to avoid lengthy litigation and additional costs in divorce proceedings, spouses enter into a settlement agreement. Also, with the help of a settlement agreement, you can avoid the division of property in court.

Read also: Child support: if there is 1 child in the family, two or three children

A settlement agreement on the division of jointly acquired property is a joint expression of the will of the spouse, confirmed by the court and secured by a court decision, and after the conclusion of the settlement agreement, the case on the claim for the division of property is terminated.

The settlement agreement should be concluded accordingly before the court decision on the division of property. After the conclusion of a settlement agreement between the spouses, if it is confirmed by the court, a repeated appeal in this case is unacceptable.

The parties have the right only to demand that the court fulfill the terms of the settlement agreement from one of the parties, in the event of evasion of the obligations specified in the settlement agreement.

Read also: Changing your last name upon marriage - what documents need to be changed

Submitting a settlement agreement on the division of property to the court

After a settlement agreement on the division of property is drawn up and signed by the spouses, it is submitted to the court. When the court is convinced that this settlement agreement does not infringe on the rights of third parties or violate the norms of current legislation, the court approves the terms of the settlement agreement.

This court ruling has the same legal force as in the case of a court decision on the division of property as a result of divorce proceedings without a settlement agreement.

The court has the right to issue a writ of execution to comply with the terms of the settlement agreement or to force one of the parties to fulfill the obligations of the settlement agreement.

In the case when the divorce process has already begun and the division of property is being carried out in court, the spouses do not want to enter into a settlement agreement based on the fact that they mistakenly consider the court decision to be more beneficial for themselves than concluding a settlement agreement.

This is not always the case, since an expert assessment of property by the court (moreover, it is also paid) can play out less than what the spouses will do with this property among themselves.

And as a result, in court, one of the parties may receive less than if the spouses had agreed among themselves peacefully.

What will you receive when concluding a settlement agreement on the division of property:

• Reducing emotional pressure and resolving conflict between parties.
• You can specify in the settlement agreement the conditions you want (if they do not contradict the law). Not everything can be reflected in a court decision, but you can specify all the details more precisely.
• If a settlement agreement is concluded, you will receive quick results in the conduct of the case. The court's ruling on the settlement agreement comes into force after 15 days, but the spouses can prescribe the execution of the terms of the agreement in any way and set any time for their execution, when in the case of a court decision on the division of property, one of the parties usually does not agree and the case is delayed, because disagreement usually leads to a delay in the process, sometimes for many months.

Read also: Do ​​I need to change my TIN when changing my last name?

Disadvantages of a settlement agreement between spouses

Emotional dissatisfaction from compromise - neither side gained. One of the parties may believe that he receives less property than as a result of the court decision

The third party in resolving a conflict is often a lawyer.

Conflict, abuse, hostility and the desire for revenge greatly interfere with the adequate assessment of situations regarding the division of property; often such situations lead to unnecessary expenses and loss of time.

A lawyer, not being an interested party in an emotional conflict, can soberly explain the situation to the spouses and provide the necessary arguments in favor of a settlement agreement.

Sample settlement agreement on division of jointly acquired property

Download a sample settlement agreement

How to draw up a settlement agreement on the division of property

A settlement agreement for the division of marital property is drawn up by a lawyer.

The fact is that this is an official document and it must be drawn up based on the capabilities of the current legislation and a competent assessment of the situation; it is also necessary to take into account the implementation of the settlement agreement and what circumstances may entail the implementation of the terms of the agreement.
Even if you are not the one who draws up the agreement, you have the right to check that it is filled out correctly.

What to include in a settlement agreement

— Circumstances for starting the trial. Which party went to court and with what claim.

- Since the agreement is a settlement, it must indicate that the parties voluntarily entered into it before the court decision is made
- A request from the court from both parties to terminate legal proceedings on the claim for division of property.

- All conditions for the implementation of the settlement agreement and the conditions on which the settlement agreement is concluded must be listed
- Signature, date.

— Annexes to the settlement agreement (if any)

If necessary, documents that are relevant to it are attached to the settlement agreement on the division of property. Such documents may be receipts, title documents, receipts, etc.

Features of a settlement agreement on the division of property

In a settlement agreement on the division of property between spouses, indications of the interests of third parties are not allowed. It is unacceptable to indicate the division of property taken on credit or real estate taken on a mortgage.

You can change the loan agreement and its terms only at a banking institution; it is possible to indicate methods of repaying the loan, for example, compensation for payments to the other spouse or early repayment of the loan, transfer of payments to one of the spouses.

The terms, conditions and amounts of payments in the case of compensation payments on a loan or mortgage can also be specified in the settlement agreement. Detailing the conditions in this case is necessary to force the party to fulfill the conditions through the executive judicial service.

Read also: How to divorce your husband if you have children?

If a settlement agreement is concluded, the case in court is terminated, and the dispute itself is terminated. But there are options for the court not to approve the settlement agreement, for example, the plaintiff reduced the initial demands, the defendant agreed. The court did not approve the settlement agreement because it was found that it violated the law or the rights of other citizens.

Changing the subject of an application to the court and a settlement agreement are different. For example, one of the parties filed a claim for the division of property, for example a land plot, after which the spouses came to an agreement that they would sell the land plot and divide the money.

But there is a conflict, and accordingly the cause of action is not exhausted, because the party can only cancel the claim regarding the land plot, that is, only the subject of the statement changes, but there is no settlement agreement.

If the parties agree in court on the division of a land plot, the court must check the technical feasibility of such actions

Time limits for concluding a settlement agreement on division of property

A settlement agreement is concluded while the case is being considered in court. After consideration of the case and when the court has made a decision on this case, it is impossible to conclude a settlement agreement.

However, there is a way to conclude a settlement agreement after a court decision: one of the spouses files an appeal against the court decision, then a statement of intention to conclude a settlement agreement is submitted. In this case, the settlement agreement itself is submitted to the appellate court.

The appellate court checks the settlement agreement for compliance with the law; if there are no violations, the appellate court has the right to overturn the decision of the first instance court, terminate the property dispute and make its own decision on concluding a settlement agreement, which comes into force immediately.

Source: http://uratlas.ru/semeynoe-pravo/mirovoe_soglashenie_o_razdele_imushestva/

Settlement agreement on the division of jointly acquired property

Settlement agreement on the division of jointly acquired propertyAverage rating 5 from 3 users

Divorce accompanied by division of property is a difficult experience for many couples. When disputes arise, most find a way out by turning to court for help.

But even during the trial, the parties may come to a compromise in the form of a settlement agreement on the division of property in 2020. This document is drawn up taking into account the norms of the RF IC, the RF Civil Code, the RF Civil Procedure Code and the RF Tax Code. In addition, some federal laws may be involved (for example, Federal Law No. 256).

Considering the serious volume of regulatory documents, it is advisable to contact a professional lawyer when drafting the text.

What is a settlement agreement

Spouses, according to the RF IC, are endowed with equal rights regarding jointly acquired property. The legislation allows for its division at any time during the existence of the marriage and after divorce. There are two main ways to do this:

1. Drawing up an agreement. This option is suitable for spouses who have a common view on the further ownership of property.
2. Division of property between spouses through a court decision. This method is resorted to when a dispute arises over property rights.

A settlement agreement is a document that has legal force. The procedure for its preparation and the conditions for implementation are set out in the RF IC (Article 38) and in the Decree of the Supreme Arbitration Court of the Russian Federation No. 50 (dated July 18, 2014). It is drawn up if during the trial the parties come to a compromise.

What is the difference between it and a prenuptial agreement

For a peaceful division of common property in 2020, a couple can use not only the procedure for drawing up an agreement. The parties have the right to enter into a marriage contract. The purpose of drawing up both documents is to differentiate rights and obligations regarding property. But despite all the similarities, these documents have a couple of significant differences.

1. Firstly, the terms of imprisonment. A couple can draw up a prenuptial agreement before the wedding and during the existence of an official marriage. A separation agreement is signed during marriage, during a divorce or after it (amicable settlement - during the trial).
2. Secondly, the nature of the property being divided. A marriage contract allows you to redistribute the rights of joint property, personal property of one of the spouses, and even pre-establish the legal owner of property that has not yet been acquired. The document also allows for the regulation of not only property issues, but also responsibilities in family life. In a settlement agreement, it is permissible to delimit rights only to objects that are jointly acquired property. If the issue concerns personal property, then a gift agreement will be required.

Features of the division of property through a settlement agreement

Art. 39 of the RF IC establishes that the division of property, which is considered joint property, is made in equal shares between spouses.

A departure from this principle is possible in exceptional cases (for example, when dividing real estate in a family with minor children).

The marriage contract will also be a priority document when distributing shares, and if it establishes a different principle, then you will have to adhere to it.

Drawing up a settlement agreement for the division of property between spouses.

When concluding an agreement on the division of property of spouses in 2020, they receive the right to establish any shares in property for each.

Conclusion procedure

If the spouses at some point come to the need to draw up an agreement on the division of property, then it is advisable for them to get advice from a lawyer or study the legislative framework on their own. It is important that not a single clause of the agreement contradicts the legal norms existing in the Russian Federation, otherwise the document will be declared void.

After concluding a settlement agreement for the final division of jointly acquired property, you should contact the registration authorities. Provided that the document has changed the order of ownership.

If the spouses came to a compromise during the trial and decided to draw up a settlement agreement, then the judge should submit a ready-made text, which will be checked to determine the legality of its terms. If the agreement does not contradict legal norms, then a court decision is made to terminate the property dispute. In this case, there is no need to contact a notary.

Sample settlement agreement for division of property

The text of the agreement on the division of jointly acquired property can be printed or simply written by hand. To compile it, you should use standard office rules. The document must include:

• basic passport data of all parties involved (full name, address, series and number of document, etc.);
• place and date of compilation;
• the civil status of the participants in relation to each other (i.e. whether they are still married or already divorced);
• a list of all objects of property division. Each of them needs to be described in as much detail as possible. For example, if we are talking about a vehicle, then you should indicate the model, number, color, etc. characteristics;
• section features. Here you should fix the size of the shares, indicating the specific relationship with each divisible object (i.e., how an apartment, car, or dacha is divided separately, and not all together);
• the conditions under which the agreement comes into force;
• signatures of the parties with transcripts.

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If desired, the parties can indicate the procedure for dividing the property of the spouses, i.e. specific place and time of transfer of property objects. The document must be drawn up in 3 copies: one for the participants and one copy given to the notary for safekeeping.

On our website you can familiarize yourself with a sample settlement agreement on the division of marital property and download it if necessary.

What to consider when drawing up

There are no rules that would thoroughly describe the procedure for drawing up a separation agreement. For some clarification, it is worth turning to the Decree of the Supreme Arbitration Court of the Russian Federation No. 50, which sets out a number of points that are mandatory for any type of agreement:

• all its points must be in accordance with current legislation;
• the conditions are stated clearly and clearly and cannot be interpreted in two ways;
• the parties to the contract have the opportunity to perform it;
• None of the terms of the agreement violate the rights of third parties.

What property to indicate

There is no legal framework regarding the inclusion of property in the agreement. Therefore, in this matter, it makes sense to focus on the RF IC (Article 34), which specifies a list of property that can be recognized as joint property:

• real estate (houses, apartments, cottages, garages);
• movable property (vehicles, furniture, household appliances), including cash savings;
• shares in a joint business (even if they are registered in the name of one of the spouses, but were acquired during marriage);
• financial income (everything except targeted payments and royalties for intellectual activity);
• bank accounts;
• securities.

Regardless of the method of division, the spouses can independently determine the objects for it in the jointly acquired property. If some part of the joint property was not affected by the agreement, it is subsequently subject to division in equal shares.

Items purchased for the personal use of family members, including minor children, cannot be divided.

An exception is made only for products made of precious metals and stones, as well as luxury items (for example, works of art).

Property belonging to their minor children, as well as the personal property of each spouse, cannot be included in the agreement and divided between husband and wife.

This includes objects purchased before the official registration of marriage, as well as those received as a gift and as an inheritance by law.

How should property be divided?

Do I need to get it certified by a notary?

It should be noted that, starting from 2015, after the adoption of Federal Law No. 391 (dated December 29, 2015), notarization is required for an agreement on the division of property (Article 38 of the RF IC).

The cost of the service directly depends on the amount of the contract. For example, if it is less than 1 million rubles, the commission will be 0.5% of it.

But if we are talking about a settlement agreement, then there is no need to contact a notary.

Pre-trial agreement on division of property

To divide jointly acquired property, it is not at all necessary to go to court. An agreement can be drawn up without the intervention of a third party. The rules for writing the text in this case are the same as when drawing up a settlement agreement. The only difference will be the mandatory application to a notary office.

How to approve a settlement agreement

There is no separate procedure for approving a settlement agreement. It is given legal force by a court decision. The only thing is that if the terms of the document change the rights to shares in property, then they must be recorded with the registration authorities. For example, if we are talking about a car, then we should contact the traffic police, if we are talking about an apartment, then we should contact the Unified State Register of Real Estate.

Challenging and terminating the agreement

If, after a court decision, one of the parties suddenly decides to cancel the agreement, then it is given a period of 15 days to file an appeal to a higher court.

It should be noted that when drawing up a claim, you should not demand the cancellation of the agreement, but a court decision.

If the deadline is missed, then the document comes into legal force and its revision is possible only at the request of both parties with mandatory notarization.

Within three years after the court decision, a settlement agreement may be declared illegal if at least one of the following facts is discovered:

• one of the parties signed the text due to physical and/or psychological violence;
• one of the parties was incapacitated at the time of signing;
• the text of the document contains fictitious information;
• the agreement violated the rights of third parties.

Arbitrage practice

Court decisions are replete with examples of concluding settlement agreements between spouses. But there are practically no cases that would end in termination of the contract. Such disputes are very complex, so winning them without the intervention of a serious lawyer is unrealistic, because It is not the agreement itself that will have to be challenged, but the court decision.

Drawing up an agreement on the division of marital property in 2020 is a step that allows you to save money and time without wasting it on litigation. The main thing when writing it is to adhere to the norms of Russian legislation.

Source: https://razdel-imushhestva.org/sovmestnoe/mirovoe-soglashenie.html

Settlement agreement for the division of marital property: sample

Spouses can enter into a settlement agreement when dividing property . But such (namely, amicable) agreement can only be concluded in court. You will learn from the article how to prepare and conclude a settlement agreement, as well as familiarize yourself with a sample settlement agreement between spouses on the division of property.

Conditions for concluding a settlement agreement on the division of property of spouses

If spouses have a dispute about the division of property, then this dispute is considered in court based on the statement of claim of one of the spouses, who in his statement indicates the requirements for the division of property.

But if already in court the spouses come to some kind of compromise, then they can enter into a settlement agreement , which includes conditions for the division of property.

A sample settlement agreement is given in this article.

Let us note that when dividing the property of spouses, the subject of a settlement agreement can only be the disputed property. And the settlement agreement itself, if there is a dispute about the division of property, can only be concluded in court.

Let us draw attention to the fact that spouses can enter into an agreement on the division of property out of court, voluntarily, without going to court. But it is the settlement agreement that is concluded only in court.

Preparation of the text of the settlement agreement

The text of the settlement agreement on the division of property of the spouses (a sample of which you can find by following the link provided) is prepared by the spouses independently or with the participation of specialists.

In the agreement, spouses can determine the size of the shares in the common property to be divided, indicate who gets what property, what amount of compensation the spouses receive, as well as other conditions.

If the settlement agreement provides for compensation from one spouse to the other, then it is advisable to clearly indicate in the text of the agreement all the conditions, terms of payment and the amount of this compensation.

This will allow, if necessary, to recover the amount through bailiffs.

It is important to note that the settlement agreement in the case of division of marital property cannot include conditions that relate to the rights and interests of third parties.

For example, you cannot include a condition on the division of debts under loan obligations.

But it is quite possible to provide for ways to repay the loan, such as the procedure for payments by one of the spouses, compensation for payments, the possibility of early repayment by one of the spouses and other conditions.

Submitting a settlement agreement to the court

During the court hearing of the case on the division of property, the spouses submit a petition to the court for approval of the settlement agreement.

After accepting the petition, the court checks the text and terms of the settlement agreement for possible contradictions with the law and violations of the rights and legitimate interests of other persons. If such conditions exist, the court declares the need to correct the text of the agreement in this part.

After agreeing on the text, the court issues a ruling to terminate the proceedings on the division of property in connection with the approval of the settlement agreement.

After approval of the settlement agreement, a dispute between the same parties and on the same subject and grounds is no longer allowed.

Therefore, the settlement agreement concluded in court states the fact that the division of the spouses’ property has finally taken place. The court ruling specifies all the terms of the agreement signed by the spouses.

If the court does not approve the amicable agreement of the spouses, then it issues a ruling on this and continues to consider the case of division of property on the merits.

It is quite possible that the court considered the case on its merits and made a decision, and the parties then agreed to conclude a settlement agreement. In this situation, one of the spouses (former spouses) files an appeal. The case is transferred to the court of second instance.

A written application for approval of the settlement agreement and the text of the settlement agreement are submitted to this court of second instance. The appellate court may approve the settlement agreement.

In this case, he will cancel the previously adopted court decision, terminate the proceedings in the case and issue an appropriate ruling, which comes into force immediately.

download - Sample settlement agreement for division of marital property

Source: https://lawrecom.ru/mirovoe-soglashenie-pri-razdele-imushchestva-suprugov-obrazec/

Settlement agreement on division of marital property sample

There are often situations in life when ex-spouses cannot decide who will own what property after a divorce. To resolve this situation, they have to go to court.

• Having come to court, only there the former spouses understand that it is possible to conclude an amicable agreement on the division of property of the spouses (sample) and do without paying for the expensive services of experts, lawyers and other people who may be involved in the consideration of their case.
• What is necessary to conclude a settlement agreement
• In order to carry out such a conciliation procedure it is necessary:

• Submit a written application to the court about the desire to enter into such an agreement;
• Provide the court with a copy of the settlement agreement with all specified conditions and signed by both spouses or their representatives.

1. A written statement of readiness to resolve the case peacefully may be submitted at any stage before the judge leaves to make a decision.
2. Actions of the court
3. The court, having received such a settlement agreement, may:

1. approve it;

2. refuse approval.

The court may refuse if the legal interests and rights of one of the spouses or other persons (children) are significantly infringed.

Therefore, when drawing up a settlement agreement, it is best to adhere to a certain balance and equality of shares of the spouses and state in a separate paragraph how the costs of this case will be distributed.

It is necessary to clearly and clearly indicate which of the spouses will receive what property. Including non-specific or obviously unenforceable clauses in the settlement agreement may serve as a court refusal.

If the court has approved the settlement agreement, then it is impossible to go to court again with the same problematic situation (about the division of the same property).

The advantages of concluding a settlement agreement consist of the following:

• ex-spouses do not waste their time and money;
• a settlement agreement may stipulate conditions for the parties that might not be included in a court decision.

• Consequences of a peaceful resolution of the dispute
• A settlement agreement that the court has approved has the same legal force as if a court decision had been made.
• If, after approval of the settlement agreement, one of the spouses evades fulfilling the conditions, then the other can turn to the bailiffs.
• Bailiffs will initiate enforcement proceedings and oblige the unscrupulous spouse to fulfill the settlement agreement on the division of property.

In any case, concluding a settlement agreement is a search for a compromise for the spouses, a step towards each other. And all this, as they say, saves time, money, and nerves.

Below is a standard settlement agreement on the division of marital property, a sample and form of which can be downloaded for free.

Source: https://uristhome.ru/document/50/mirovoe-soglashenie-o-razdele-imushchestva-suprugov-obrazets