What Changed In Marriage After January 1, 2018 For Divorced Individuals?
Divorce can be a complicated and messy process, made even more complicated when there are children involved. As of January 1, 2018, there have been some changes in the law regarding marriage and divorce. In this blog post, we’ll take a look at what has changed and how it might affect those who are going through a divorce.
You have probably already heard of the new marriage rules that apply from January 2018. Before 2018, people normally married in an environment where there were a lot of properties, so all assets were shared from the moment of marriage, as well as debts and assets.
These rules actually applied in some parts of Europe as it keeps expanding to other parts of the world.
When one got divorced, everything was split fifty-fifty; again, the debts and assets. The only way to get around this was to get married on a prenuptial agreement, which had to be recorded separately at the notary.
From 2018 this will be the case as standard, and you will always marry in a limited community of property (unless stated otherwise). This has consequences in various areas, including when you get divorced.
Please note that these new rules only apply if you are married or entered into a registered partnership after January 1, 2018.
What has changed in the marriage rules in 2018?
It is still possible to get married in a community of property, but you must go to the notary to have this recorded. It is very important to make good agreements with each other in the event that the marriage does fail.
Even when you get a divorce, a lot has changed. These are the main rules that will change: – Property and debts that the partners already had before the marriage are not divided upon divorce and remain with the person concerned.
If you have a student loan or other debt that you built up before you got married (or entered into a registered partnership) or just before you got married, there is a large amount in your savings account, then that remains yours and does not become yours together.
When you get divorced, this will not be divided between both. If the money is in an account that belongs to both of you, it must be divided. – Everything bought together during the marriage belongs to both of you.
These things and other possessions will therefore have to be divided when you get a divorce. – However, this does not apply to gifts and inheritances.
If these are donated to one of you during the marriage (or before the marriage), it also belongs to this person and will therefore not be divided. If the inheritance or gift is left to both, it must be divided. –
If you started your own company before you got married, this company remains yours, and the value does not have to be divided in the event of divorce. However, if this happens during the marriage, it must be divided and must be distributed.
The division of assets if you were married before January 1, 2018
If you were married before January 1, 2018, the assets must, of course, be divided according to the “old” rules.
In principle, the law stipulates that each person receives half of the common property. If other agreements have been or will be made, this will be included in the divorce agreement.
Even under the “old” rules, there are private goods that are not included in the distribution, but it can be difficult to determine which goods exactly fall under this.
There is also often a settlement of assets, even if you are married under a prenuptial agreement. In addition, not only the assets and assets must be divided, but also the debts.
When one of the partners has paid for the debt of the other without anything being recorded, the amount to be repaid must be included in the divorce agreement.