The Issue of Property for the Divorce Procedure

The issue of property is considered to be one of the most significant for the divorce procedure. In this respect two categories of property division are vital, namely: marital and separate (non-marital). In this respect the bilateral approach of the law documents according to the property issues is outlined. The idea of considering the whole property, as the precedent for its division after divorce is an alternative to marital-separate property. The thing is that one should think over the possibility of divorce when living in marriage. People build up houses, create firms and companies and implement many other initiatives into life. It is not equitable to share this property with ex-spouse in terms of divorce. Everything acquired during the marital life of two spouses is fairly considered the precedent for further arguments. Thus, it is not right to share the property between spouses on the base of their definite period of living together.

In most cases such situations lead to hot discussions appealing to the higher instances of law. As a result, the point of bygone happy marriage turns into whole trial. On the other hand, one of the spouses may simply manipulate with the property of another one. It then gives a lawful background for case of fraud from the side of one spouse. The exclusion in the process of property division and delivery is imposed when separate property is given by one spouse in change of some marital part of property. Thus, among two possible ways of property division the marital-separate model is considered to be more applicable and rational for both spouses. It is equitable due to the equal delivery of what property spouses possessed before and during the marriage life.