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Delfi asked the lawyers how the partners’ financial interests would be protected in the event of a divorce and how it would differ from the divorce situation.
“In principle, the legal regulation both in the case of marriage and in the draft law on the couple is identical. That is, the shares of the common property are equal or it is proposed to enter into a contract in which the partners determine their rights and property obligations during partnership as well as at the end of partnership.This is a marriage and post-marriage contract.In practice, those things are analogous.
However, the crucial moment is that this bill gives the notary the right to terminate the company by approving the contract on the consequences. This is Article 10 (1). The exception is if there are children. However, I would like to point out that this is how the landa gaps and legal insecurity arise, ”said S. Pronina.
The attorney listed the following points that would be problematic due to the following legal regulation:
- The notary only approves transactions, but does not clarify their substance, which often affects the weak and uneducated party, for example, in the division of property, in determining compensation.
- The partners’ creditors may suffer because they are not notified that the partners are ending their relationship.
- There is the possibility of abusing the provision of maintenance between each other, for example, setting excessive amounts to avoid the fulfillment of the obligations of creditors with third parties.
- Nor is a translation of the contract provided for the parties.
- Qualified interpretation is not provided. The consequences of this contract are not established. Notaries have no practical skills in family matters, and the partnership agreement with us is equated with family relationships.
- Notaries are not interested in conciliation between partners, which is especially important if the law protects the relationship between partners.
- Individuals would lose the opportunity to mediate what is anticipated in marriage cases.
- The termination of the partnership would become a de facto business agreement (transaction).
- The partners, even if they sign a partnership termination agreement, would lose the right to complain. For example, in divorce cases, the court reviews the legality of the contract when the divorce contract is granted, and there is currently a 30-day period to appeal against a divorce contract.
- The notaries would not know the possibilities of dividing the property of the partners.
- People would have to pay a notary for the preparation and approval of the contracts. Although currently the parties, that is, the spouses, are exempt from stamp duty when they apply to the court for approval of the settlement agreement. In addition, the spouses have the right to request legal assistance guaranteed by the State for the provision of free legal assistance in the preparation of procedural documents. And the partners will not have that opportunity.
- At present, people can also present documents to the court through the electronic system, through representatives and lawyers. In the meantime, go to a notary public. The parties cannot participate in divorce proceedings at the request of the divorce court and at the request of the spouses.
“So I am sure that the personal, patrimonial and non-patrimonial rights of the partners are less protected by this law than the rights of the spouses under the Civil Law,” said Pronina.
He provided eloquent examples
According to the lawyer, the conclusion of any contract (be it a partnership or people living without marriage or spouses) only with a notary does not protect your interests.
“Since practice, so recently, the case has not ended when a wealthy woman, but a citizen of another country, who does not speak Lithuanian or Russian, lost all property worth several million within fifteen minutes after visiting a notary , which is why she has to sue today. (…) She arrived, signed and now she has to prove that there was another will, ”said S. Pronina.
In his opinion, this project should be put in order and there is no rush to adopt it.
“I think this project is not finished yet. It contains both discrepancies and errors. For example, Section 14 (2) of the Act: I could not understand at all who still owns the home, the home? Is it jointly owned by the partners? Is it owned by a single person? Today, the approval of such a law, which is too early, must first be improved, “said S. Pronina.
Furthermore, according to the lawyer, other laws protect the rights not only of spouses, but also of people living single.
“It can be both a traditional and a non-traditional family. Because the law describes, for example, the rights of people living together in an unmarried marriage. This is a joint activity. If we create something in two living together, then we will share that property. If we want to create something and distribute that property fairly, then we will go to a notary and conclude a joint activity agreement, according to which we will define our rights and obligations, both property and non-property, ”said S. Pronina.
Many problems were left unsolved
The lawyer said he was in favor of that law in principle, but has not yet resolved a number of issues.
“People in marriage are more protected than in a partnership agreement. The division of property has never been easy. In each case, they take place regardless of the economic situation of the parties. Some share spoons, second homes, third ships. It is easier only when there is nothing to share. And today there are not many such cases.
People’s standard of living is improving, capital is increasing, and with it, responsibility for it. A very small percentage of couples arrive knowing how they want to divide the property. In most cases, when the parties decide to end the relationship, be it a marriage or a couple, their relationship is already strained, sometimes completely strained.
Addressing these issues requires the use of all negotiation skills, seeking a compromise on the best course of action and safeguarding the interests of both parties. This association agreement does not protect the partner, ”said S. Pronina.
The lawyer said she understood that she wanted to somehow legitimize the non-traditional family relationship.
“However, if we want to protect the family, be it traditional or non-traditional, we need to think even more about it. And to make sure that the partners are not harmed, “said Pronina.
Children are still protected
According to the lawyer, the company law would not protect children in any way.
“Children have always been protected, whether it affects the children of spouses, by analogy, between families raising children out of wedlock. The setting is the same. Because children are protected by a completely different law. It is Obviously, a person who consults a specialist in the field before taking any action is more protected, ”said S. Pronina.
According to the lawyer, all issues relating to children (residence, maintenance, communication), both in the case of a couple and divorce and in the case of people living without marriage, are resolved only in court.
“The court shall have the right to examine in detail all matters related to the child’s relationship with one of the parents, the interests and needs of the child and the patrimonial situation of the parents, establish alimony and arrears in alimony and establish a communication procedure in a simplified procedure or dispute resolution procedure.
More importantly, the presence of representatives of the Service for the Adoption and Protection of the Rights of the Child is mandatory in all cases involving underage children. Therefore, the priority interests of the child are ensured in family cases, ”said S. Pronina.
The project can be improved
Vytautas Tomas Raskevičius, one of the writers on the Freedom Faction project, noted that the project could still be improved, taking into account feedback from both the Seimas Public Order Department and other stakeholders.
“I fully accept that the project may be imperfect,” said VT Raskevičius.
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