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What can divorced couples do with it? 

What happens to your property after your divorce depends on what you’ve agreed with your ex. We get it – not all marriages last forever. With that being said, it means that most, if not all of your properties will be subject to scrutiny during the divorce period. 

Who gets what after your divorces pretty much depends on what is agreed between you and your spouse before marriage. Are there any agreements signed before the couples got married? Or are there none? 

Prenuptial Agreements 

Prenuptial Agreements
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Is there a prenuptial agreement between you both? A prenuptial agreement is an agreement both couples entered into preferably in a good time before marriage. 

In a prenuptial, it sets out how and what happens to the assets and properties in the event if the couple divorces. It talks about who gets what and how it’s divided. It’s also used to “ringfence” any assets either spouses are bringing into the marriage. 

It may not be as popular as some other countries made it to be, but such agreements existed everywhere else. 

However, in recent years, prenuptial are becoming increasingly common and binding in the event of divorces. It may not be legally binding, but some courts do look into it. Don’t take prenuptial as legally binding. If you do hope it is, seeks out a lawyer for advice first. 

After divorcing, do spouses automatically get ½ of the properties? 

After divorcing, do spouses automatically get ½ of the properties
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Yes and no. Property may or may not be divided fairly between the 2 divorcees. It can be distributed in a couple of ways. Here is what you should look out for first. 

Categories of properties 

Categories of properties help serve the distribution of properties in the case of a divorce. It can be divided into 3 kinds. 

  1. Matrimonial property

Matrimonial property is not defined in the Law Reform Act (Marriage and Divorce) 1976. It’s defined as property that is acquired by joint efforts between both husband and wife to the marriage. In simple language: it’s property bought by the money earned by husband and wife during the course of their marriage. 

The key is in the money (who earns it) and used to buy these properties. In this case, it’s the money earned by both husband and wife and paid for by both parties. Call it a split payment between husband and wife. 

If you divorce and have matrimony properties to your name, then there are a couple of ways you can deal with it. The first way is to sell it off. Whatever money made from the said property will be divided between you and your divorced ex. This is not entirely discretionary, by the way. 

The court will provide 3 considerations before coming to a decision: 

  • How much contribution each partner contributes when buying the property
  • Any debts accrued by you or your partner that are transferable
  • Needs of any minors (below aged 18 years) 
  1. Non-matrimonial property

Non-matrimonial property is the kind where it is bought by one partner in the marriage. The property is paid for in its entirety by one spouse. For example, a house that is paid for 100% by the wife or husband. It’s not split between the 2 spouses at all. 

However, according to the same Act, Section 76(4) involves the decision of non-matrimonial properties. So if you have bought a car, for instance, your spouse can acquire it in the event of a divorce case. 

Meaning to say, after you have divorced, you may still have to share some of the properties your ex has never helped in acquiring financially before. Keep in mind that the below rules apply: 

  • Needs of minors aged 18 years and below.
  • Contributions made by non-acquiring partners towards the family’s welfare. 

Regardless of what has been mentioned, it has to be noteworthy that any division of property must benefit the person who acquires it more. In summary, if you have used your own money to buy the property and your ex looks after the upkeep of it, you will still be able to win the property over

  1. Properties acquired before marriage

These are properties (and assets) bought and paid for before either of the spouses were married to each other. As straightforward as it means – it is bought entirely from the individual’s own money (contestable). 

How many shares would I get in a divorce? 

How much shares would I get in a divorce
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This will need to be taken to the court to be decided. There is no way a fixed figure will mean anything here. Do seek a lawyer’s advice before you proceed with any legal measures.