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What are your rights when you file for divorce?

What are your rights when you file for divorce?

1 Answers


Your rights when you file for a divorce would depend largely on the type of marriage contract you have. Basically there are two types of marriage contract: Community of Property (COP) or Antenuptial Contract (ANC). With a COP contract, you are entitled to half of all the assets, money and belongings. Each spouse gets an equal share. With an ANC contract, each spouse retains his or her separate property. There is also an accrual system regarding the amount by which the spouses’ joint wealth has increased over the period of marriage. At divorce the spouse with the smaller accrual can claim half of the difference between the two amounts. Other rights in a divorce would include custody or visiting rights of any minor children, as well as the maintenance fees for children. These rights may vary from country to country.

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