- Andrey, has the current geopolitical situation affected the number of divorces?
- Absolutely. This is confirmed both by Rosstat statistics and the number of cases in our office: there have been more divorces. External crises have always tested the strength of family ties, but this year was a turning point for many couples.
- For most of those who have made this decision, it may be the first time they have had such an experience. What can help navigate spouses through the divorce process and reach an amicable agreement?
- First, I recommend determining what each wants to enter their new life with. This benchmark will provide answers to the many questions about property, finances, and the future of children that are brought to the surface by the dissolution of the marriage. Second, pass the common sense test. For example, if the children are more attached to the mother, it is reasonable for them to continue to live with her.
For the father in such a case, we build a comfortable order of communication with the children, as well as implement a whole mechanism to coordinate the issues of education, treatment, travel abroad and much more. This approach helps to find compromises. Just the other day we completed a divorce case with assets in Russia, Dubai and the EU, the agreements on which ran to dozens of pages, detailing various scenarios and how they would be resolved.
If the family does get to the courthouse, how well does the well-known “50/50” rule apply in practice?
Equal division of jointly acquired property is a fundamental principle of family law, and the court will strictly stand on its observance. Even casually said in court phrase that the wife is not entitled to claim half of the value of the business, because “sat at home” - a guaranteed application for the most rigid decision is not in favor of the husband.
On the other hand, the parties are not required to disclose all of the property to which they are related, so a significant bias in favor of one spouse is a likely scenario. In such cases, attorney investigation becomes a key factor in the fairness of property division.
Full version of the interview on the website “On Rublyovka & Novaya Rig Life”.
