The lawyer explained the peculiarities of the distribution of debts after divorce of spouses

When the marital idyll collapses, and with it the husband and wife begin to share common financial obligations, the question of debts arises. Viktoria Danilchenko, a lawyer and chairwoman of the Victoria Danilchenko Bar Association, told Izvestia on February 16 who eventually gets them.

"According to family law, the common debts of spouses are distributed between them in proportion to their awarded shares in the common property. Spouses have the right to distribute such debts both within the framework of the marriage union and after its termination, whether independently of the procedure of division of jointly acquired property or within the framework of this procedure," the expert explained.

At the same time, she clarified that personal obligations of each spouse are not subject to division. The appearance of a debt obligation of one of the spouses during the marriage does not mean that the other spouse is automatically responsible for the return of the loan.

There is no concept of common debt in family law, the lawyer added.

"However, based on judicial practice, a debt may be recognized as common if it arose by consent of both spouses in the interests of the family (obtaining approval from the other spouse when entering into a contract or entering into a joint contract under which the spouses become debtors). Or, for example, if the property acquired under the obligation under which the debt arose has become community property. In this case, the spouse may claim to recognize this debt as common", - danilchenko drew attention.

The expert also noted that to prove the existence of these circumstances is necessary for the party claiming the distribution of debt.

Earlier, on January 12, the General Director of the professional legal group AID, lawyer David Adams told "Izvestia" that mediation in divorce - an effective mechanism that allows you to settle disputes with a minimum of time, money and emotional resources. It is a legal instrument regulated by the federal law "On Alternative Dispute Resolution Procedure with the Participation of a Mediator".