Real estate settlement is the process of dividing the married asset pool between marriage parties. The real estate settlement process brings different results depending on your relationship type, income, assets and liabilities.
The misunderstanding that married people and de facto couples receive the same treatment regarding real estate settlement are common. It is enough to say that they are not. De facto couple is not treated too favorably. In the case of couple separately, we need to consider the following points.
>> divorce
>> Spouse Maintenance
>> Children
>> Property settlement
Property settlement occurs when marriage's asset pool is divided among marriage parties. All income, all assets and all liabilities are taken into account. Because we take into account both the property we possess and the revertive wealth, actual difficulties may be experienced in judging what the property is. Essentially the court, the financial and non-finance contributions and future needs. In many cases, housewife donation is particularly important for long-term marriage. Obviously, this is not particularly important in a short term marriage, especially if there are no children. It may be unrealistic between the parties that property problems may be addressed, but it is always best to officially agree on an agreed order. If independent legal advice and consent order are not noticed, one of the parties to the contract is highly unlikely to be blessed. In these matters, the courts always take fair and reasonable things and get independent independent legal advice as it is the best way to ensure that both parties are properly protected There is always the best.
As a general rule, parties must wait at least 12 months before divorce, but in the case of spouse maintenance or real estate settlement, there is no need to do so. Spousal maintenance may be resolved from time to time before the parties become separate, but in the case of real estate settlement, it is normal for the parties to apply this to mind once a break occurs. The settlement of real estate takes into consideration not only the division of assets but also the right to maintain spouses in the appropriate case. Child maintenance is another matter, with almost no exception the problem of child support organizations. If the child's support has not been paid, the Child Relief Organization will follow it. There are some exceptions that justify getting a lawyer to recover payment for unpaid child allowances.
After a party obtains divorce (absolute decision), they can apply for real estate settlement and / or spouse maintenance for only 12 months from that point. Applications can be created out of time, but it is a very stupid and expensive way to deal with such an important problem. Family law courts have a very strong authority in the real estate revenue area and can issue orders to adjust the interests of the parties of arbitrary property. In fact, when the court must issue an order, it requires that the court have all previous information so that it can do so fairly and reasonably. As a result, the court needs all information on all income, assets and liabilities both in Japan and abroad, so it can be appropriate to properly consider the adequacy of real estate settlement including income derived from holding or holding assets of the trust I can do it. The retirement pension is now one of the assets to enter the marriage pool and may need to be divided.
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