Credits after divorce or death of a man in war: Important details from lawyers

Who should pay debts in the event of divorce or death of one of the partners? The focus asked the lawyers to whom the spouses were transferred to loans or other financial liabilities. Loans made during marriage are usually considered common debts, even if the contract has only signed one spouse. However, there are nuances. Understanding the rights and responsibilities of the spouse will help reduce the financial burden and avoid additional stressful situations.

Separately, the focus figured out the question of who pays the loan in the event of the death of one of the spouses, in particular, a fighter who died at the front, and how to submit for divorce during the war. When divorced, financial obligations taken during marriage are usually divided between spouses. Yes, loans made during marriage are usually common debts, even if the contract has only signed one spouse.

Both partners are responsible for their repayment, except when one of them did not give an agreement to receive a loan. In this case, the court can recognize this debt as personal, " - explains the Focus of the lawyer of" Winner Partners "Fatima Rovshan Kzi Gulalyev. Loans made during marriage are usually common debts, even if the contract has signed only one of the spouses.

Both partners are carried, except when one of them did not give an agreement to receive a loan , gifts, inheritance, and acquisition for marriage for their own savings are an exception. , separately the question of the process of divorce during the action of martial law. However, there are certain rules that exist today and are registered.

Namely, a statement through state authorized bodies can be submitted even individually, according to a power of attorney, which will indicate the right to submit on behalf of the other party of such a statement. This happens if the partner is serving or for some reason cannot appear in state registration.

The verification is made and the state registration authority shall make an act record on the dissolution of the marriage after the expiration of one month from the date of submission of such application.

I will add that during the martial law in the country in accordance with the Law of Ukraine "On the Legal Regime of Martial Status", state registration of marriage dissolution is carried out by any state registration body of civil status acts at the applicant's request, that is not only RAGS Administrations that have been given appropriate access to the registers, "Kravets said.

The lawyers also note that the rules during martial law stipulates that a person should indicate a military service during divorce, that is, to present a military ticket or a certificate. Without this document It will be difficult to break the marriage, because it will not be possible to make the appropriate entry. The child is less than one year, then the marriage will not break either the court or the RAGS. After a year of the child, you can break the marriage solely through court.

And if there are no children, then divorce is fed both through court and through state authorized bodies. This is the direct norm of legislation, " - said Rostislav Kravets. If one of the spouses took a loan for marriage, he is usually responsible for his repayment, says Fatima Rovshan Kzi Gulalyev. But if the loan funds were spent on family needs, court can To recognize this debt in this case. .

Lawyers provide the following details of such loans and their repayment and financial obligations that require careful approach and consultation with specialists. The situation "I advise you to consult with a lawyer before acting on my own. It will help evaluate the legal situation and make appropriate statements or complaints. It may be necessary to discuss with the bank the restructuring of debt or deferral payments, which can reduce the financial burden, " - added a lawyer.