A divorce has many nuances, since the way the divorce is initiated, that is, whether there is consensus between the parties.
The type of asset division is also an issue, since if a couple opts for separation of assets or division of assets, the way the process is carried out differs.
In this article you will learn more about what a divorce is, how this process happens without the division of assets, or what the difference is between a divorce with and without the division of assets.
What is a divorce?
One divorce It is the legal dissolution of a marriage, specifically a civil marriage. This process is carried out through the courts and a... notary office.
In short, a divorce is a way to officially and bureaucratically mark a separation between a couple who have been married.
What is a divorce without division of assets?
To the division of assets In divorce proceedings, prenuptial agreements are a way for a couple to decide what to do with their individual assets. When a divorce occurs, the property division system defined at the time of marriage determines how the assets will be divided between the spouses.
When you give a divorce Without a prenuptial agreement, these assets are not divided between the members of the couple, since they are acquired jointly by each member of the couple.
It is important to highlight that there are still situations where a couple may marry with a prenuptial agreement, but choose not to divide the assets immediately.
What are the types of divorce without division of assets?
Divorce has two forms: divorce without consent e divorce by mutual consent. In the first case, the divorce is carried out without agreement between the parties, either regarding the divorce itself or specific issues.
Meanwhile, in the case of divorce by mutual consent, this occurs when there is an agreement between the spouses.
In the case of property division, a divorce can be without division of assets, which is when the parties involved have no assets in common, or there can be a divorce with division of assets, where the assets that the couple has come to share are divided.
Therefore, divorce without division of assets is, in itself, a form of divorce regarding the division of assets.
What are the differences between a divorce with and without division of assets?
A divorce with division of assets and a divorce without division of assets are both like marriages in their respective forms. In the case of a divorce with division of assets, the assets that each spouse acquires belong solely to that spouse.
In the case of a divorce with division of assets, there must be a judicial procedure that involves the fair division of those assets.
In many situations, assets are converted into capital, which is then divided between the spouses. In the case of jointly owned housing, it is common for there to be... sale of jointly owned property, ...and then the proceeds from that transaction are divided equally between both parties.
Legal and Financial Implications of a Divorce Without Division of Assets
The legal and financial implications of a divorce without division of assets depend on proving which assets should be divided and by whom.
In this case, such an issue makes the presence of a lawyer necessary so that the deal does not financially or legally harm the parties involved.
How to proceed with a divorce without division of assets?
The process of starting a divorce without division of assets It can happen in the same way as any other divorce: through a notary's office or the court.
The point that distinguishes the place where the divorce is resolved, that is, whether it is by mutual consent or contentious.
Can the division of assets take place after a divorce?
The answer to this question is yes. The division of assets can be done at the time of divorce, or later. The important point, according to the law, is that the division of assets is done in a way that ensures both judicial and financial justice for both parties.
Is a lawyer necessary for a divorce without division of assets?
The presence of a lawyer is always essential, regardless of whether it is a divorce with or without division of assets. After all, a lawyer's role is to facilitate the process, provide support, advise, and above all, fight for their clients' rights.
At the divorce lawyers You have at your disposal the best professionals, specialized in the area, ready to provide the best service to your clients.
How much does a divorce without division of assets cost?
Typically, there is a value associated with the cost of a divorce with division of assets. However, this same value may change.
The cost of a divorce by mutual agreement and without division of assets is 280 euros. However, other costs are added to this amount, such as the consultation of the registry database.
Conclusion
A divorce without division of assets occurs when a married couple officially and legally dissolves their marriage.
There are situations where the same couple divorces without dividing their assets. In these cases, the assets that the spouses had individually during the marriage remain, which contrasts with the type of divorce with asset division, where the division process has to take place.
