How do you resolve family conflicts? How to stay within the bounds of ethics and keep the possibility for compromise?
Andrey Kozlov, lawyer, managing partner at the law firm RussianLegal - the leader of the legal market according to Forbes - told about it to the publication "Na Rublevka & Novaya Rigya Life".
- Andrei, has the current geopolitical situation affected the number of divorces?
- Undoubtedly. This is confirmed by Rosstat statistics, as well as the number of cases at our firm: there are more divorce filings. External crises have always tested family ties, but this year was a turning point for many couples.
- For most who have made this decision, it may be the first such experience. What can help spouses navigate the divorce process and come to an amicable agreement?
- First, I recommend determining what everyone wants to enter a new life with. This benchmark will provide answers to many of the questions about property, finances and the future of children that are raised 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 that they continue to live with her.
For the father in this case, we build a comfortable order of communication with the children, as well as implement a whole mechanism of coordination of issues of education, treatment, travel abroad and much more. This approach helps to find compromises. Just the other day we completed a peaceful divorce case with assets in Russia, Dubai and the EU, the agreements on which are dozens of pages long, with details of the various scenarios and the order in which they are resolved.
- If the family does get to the courthouse door, how much of the well-known "50/50" rule applies in practice?
The division of jointly acquired property equally is a fundamental principle of family law, and the court will strictly enforce it. Even a phrase in passing in court, that the wife is not entitled to claim for half the value of the business, because "sitting at home," - a guaranteed claim to the toughest decision 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 skew in favor of one spouse is a likely scenario. In such cases, a lawyer's investigation becomes a key factor in the fairness of property division.
The full version of the interview is on the website "At Rublevka & At New Riga Life".
Andrey Kozlov, lawyer, managing partner at the law firm RussianLegal - the leader of the legal market according to Forbes - told about it to the publication "Na Rublevka & Novaya Rigya Life".
- Andrei, has the current geopolitical situation affected the number of divorces?
- Undoubtedly. This is confirmed by Rosstat statistics, as well as the number of cases at our firm: there are more divorce filings. External crises have always tested family ties, but this year was a turning point for many couples.
- For most who have made this decision, it may be the first such experience. What can help spouses navigate the divorce process and come to an amicable agreement?
- First, I recommend determining what everyone wants to enter a new life with. This benchmark will provide answers to many of the questions about property, finances and the future of children that are raised 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 that they continue to live with her.
For the father in this case, we build a comfortable order of communication with the children, as well as implement a whole mechanism of coordination of issues of education, treatment, travel abroad and much more. This approach helps to find compromises. Just the other day we completed a peaceful divorce case with assets in Russia, Dubai and the EU, the agreements on which are dozens of pages long, with details of the various scenarios and the order in which they are resolved.
- If the family does get to the courthouse door, how much of the well-known "50/50" rule applies in practice?
The division of jointly acquired property equally is a fundamental principle of family law, and the court will strictly enforce it. Even a phrase in passing in court, that the wife is not entitled to claim for half the value of the business, because "sitting at home," - a guaranteed claim to the toughest decision 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 skew in favor of one spouse is a likely scenario. In such cases, a lawyer's investigation becomes a key factor in the fairness of property division.
The full version of the interview is on the website "At Rublevka & At New Riga Life".