Assets & Liabilities
Because the dividing and or retaining of assets and liabilities can be a complex matter where, if not agreed and enforced between you and your spouse prior to the divorce, can cause a lot of conflict, it is essential that you are in agreement.
If you can’t agree on the specific division please rather make use of a qualified attorney to facilitate the process.
In community of property:
Where a marriage in community of property exists there is only one estate for you and your spouse which needs to be divided equally.
By using our Diy law service you will not be able to claim for specific items in the joint estate. You will need to agree on the specific division of the joint estate with your spouse prior to your divorce.
Our online system will automatically claim that the joint estate has already been divided and that each party shall retain the assets in his or her possession as his or her exclusive property.
Out of community of property:
If you are married out of community of property regardless of whether the accrual system applies or not and your spouse will retain the assets and liabilities as provided for in your Antenuptial Agreement.
For that reason DIY law will only make a provision so that the court will order that effect be given to the Antenuptial agreement. You and your spouse should agree prior to the divorce on exactly how effect should be given to your Antenuptial agreement and you should give that effect prior to the divorce to avoid possible difficulties after the divorce.