Husband wants to divorce, I do not want. Are there any ways to slow down the divorce process, what should I do for this?
The best solution is to normalize relations with your husband and persuade it to refuse to give a divorce. But if it is impossible, it will have to dilute anyway. In court, you can ask about the possibility to provide a term for reconciliation, the court has the right, but is not obliged to take measures to reconcile spouses, has the right to postpone the trial of the case, appointing a term for reconciliation within three months. The failure to appear at the court session will also not help - it does not appear 2 times, and the court will decide on divorce without your presence. The maximum possible period of deferring divorce from 3 to 5 months.
What if the former spouse is in no hurry to pay alimony? What are the opportunity to influence it?
It is necessary to apply to the world court with a statement on the recovery of alimony, after the decision of the decision to legitimate the force and receipt of the executive list, executive proceedings will be initiated when accessing the bailiffs.
If the former spouse will evade the payment of alimony, the bailiff can arrest his bills in banks, property, impose a ban on traveling abroad, limit the right to control the car. If the alimony payment debt was formed, the former spouse would be obliged to pay a penalty, its size is 0.5% of the entire amount of alimony arrears for every overdue day. But all these measures and methods are effective in relation to citizens who "have something to lose." If the husband has no property and he is not afraid of criminal prosecution, then it is almost impossible to force him to pay alimony.
If the spouse does not officially work, what kind of alimony is prescribed? Or do not prescribe them at all?
The court takes into account the financial situation of the former spouses and prescribes a fixed amount of payment of alimony. As a rule, it is calculated on the basis of the subsistence minimum. In the second quarter of 2019, the subsistence minimum for children was established in the amount of 15,225 rubles by Decree of the Government of Moscow No. 1177-PP dated September 10, 2019.
Victoria Shevtsova
Photo: instagram.com/advocatshevtsova.
Is it worth entering the marriage contract? What is his strengths and weaknesses?
My opinion is definitely worth it, however it is important to remember that the marriage contract cannot go against the Family Code of the Russian Federation.
You can arrange a marriage contact both before registration of marriage and after. There is a mandatory certificate of the marriage contract in the notary. Spouses can establish the mode of joint, separate and share ownership of all property, including those purchased in the future. Any conditions for property relations, including the definition of property transmitted to each of the spouses, can also determine any conditions.
You can change or terminate the contract at any time only by mutual consent of the spouses. This includes an agreement in the same form as the marriage contract.
Also, the subject of a marriage contract cannot be an alimony payments - the parent is still responsible for the content and education of its children.
If the former spouse married the second time and he had children in a new marriage, would it affect the size of alimony?
Yes, the size of the alimony can be counted by the court after the relevant claim and subject to the presence of grounds for changing the procedure for the accrual of the alimony provided for in Article 119 of the Family Code of the Russian Federation. The former spouse can submit to the court a statement and documents indicating the change in his material situation. For example, if the second spouse also serves an alimony.
How to protest the court decision on the appointment of alimony in a fixed size? Is it possible to do this?
The change in the size of the alimony is carried out only in court, such an opportunity is provided for by Russian legislation. For revising the order of appointment of alimony and their size, good reasons are necessary. If we talk about revising the appointment of alimony in a fixed amount, it is possible to revise such a decision if the defendant has material difficulties, that is, there is no possibility to pay money in the prescribed form, the loss of working capacity, the birth (adoption) of children, the loss of property that brought him income.