Frequently Asked Questions
Common questions about family and marriage law, divorce, custody, prenuptial agreements and wills.
A prenuptial agreement is a formal written contract between two people entering marriage. It can cover assets owned at the start of the marriage or acquired later. The agreement must be written and registered with the District Commissioner to be valid.
You can request a legal separation or a direct divorce. Legal separation is a precursor to divorce and means the spouses no longer live together. After 6 months, you may apply for divorce. Direct divorce is possible if both parties agree on the divorce and related matters.
The basic rule for asset division in divorce is equal sharing. Marital property is divided equally unless a prenuptial agreement states otherwise. Separate property belonging to either spouse remains theirs alone and is not divided. It's important to account for all assets and debts.
A cohabitation agreement is a contract that cohabiting partners make regarding ownership and financial obligations. In cohabitation, each person owns what they have acquired. A cohabitation agreement can make asset division easier if the relationship ends.
Parents can agree on joint custody or that one parent has sole custody. If no agreement is reached, the court can decide on custody matters. Custody decisions should always consider the best interests of the child.
Visitation rights ensure the child maintains contact with both parents after divorce or separation. Parents can agree on visitation arrangements or seek assistance from the District Commissioner or courts if there is disagreement.
A will is a written, formal legal document to distribute assets after death. Through a will, a testator can distribute their assets in part or in full. The will must be witnessed by two people.
Forced heirs are children, grandchildren, and spouse. They are entitled to a certain portion of the inheritance regardless of the will. The statutory share of forced heirs is two-thirds of the estate.
Direct divorce is possible when both parties agree on the divorce and all related matters such as child custody, visitation, and asset division. In this case, you don't need to go through legal separation first.
During asset division, all assets and debts are gathered and divided between the parties. If agreement is reached, a private settlement can be made. If there is disagreement, the court can rule on the division.