After a divorce, does the court always divide the property of the parties equally?

Recent articles have largely dealt with the issue of division of joint property after divorce of the parties. We have tried to introduce you to the essence of property division, methods of property division and other issues relating and closely related to the above topic. In today’s article, we would like to answer a frequently asked question, whether before or during the process of dividing the joint property, namely,

DOES THE COURT ALWAYS DIVIDE THE PARTIES’ PROPERTY EQUALLY AFTER DIVORCE ?

It is important to start by pointing out that after a divorce between former spouses, matrimonial statutory community ceases. In practice, this means that from that point on each of them has an equal share in the previous joint property. As a rule, therefore, when adjudicating the division of the parties’ joint property, the court shall indicate the parties’ equal shares and make an equal division of the property. However, this does not mean that an unequal division of property is impossible.

The issues of unequal division of joint property are regulated by the legislator in Article 43 § 2 of the Family and Guardianship Code, according to which each spouse may request that the court determine the unequal division of joint property. It is important, however, that in order for spouses to demand an unequal division of property and the court to do so, two conditions must be met together, namely:

• the existence of valid reasons;
• unequal degree of contribution to the joint property.

 

 

It is worth pointing out that according to the established view, these prerequisites are in close relationship with each other. As indicated by the Supreme Court in its decision of April 24, 2013, ref. IV CSK 553/12  “(…) Article 43 § 2 of the Civil Code. specifies two prerequisites for the determination of unequal shares in the joint property, which must occur together and which are in such a mutual relation to each other that no “important reasons” provide a basis for such a ruling if the degree of contribution of the spouses to the joint property is equal, and at the same time – even a different degree of contribution of the spouses to the joint property does not provide a basis for the determination of unequal shares if “important reasons” do not support it. It is also correct to say that both in the jurisprudence and the literature it is accepted that the criterion of “important reasons” has not only a property aspect, but also an ethical one, which is expressed in the postulate to evaluate them taking into account (in light of) the principles of social intercourse.”

Therefore, in light of the above, in answering the question of whether after a divorce the court will always divide the property of the parties equally, it should be pointed out that this issue is not unequivocal, and when considering each case the court considers it on an individual basis, taking into account all the circumstances that may affect the outcome. 

 

If you are looking for a law firm that will take care of the case on the division of joint property, we invite you to contact our attorney Catherine, who will be happy to help you throughout the procedure and answer your questions. 

Phone: +48 502 775 164

Email: k.lewicka@lzw-law.com