Divorce and division of assets - how to prepare for proceedings?

The decision to end a marriage is one of the most difficult moments in life. In addition to the emotional challenges, divorce also involves the division of joint property, which often becomes a source of additional conflict. However, well-planned legal action can significantly ease the process and safeguard the interests of both parties.

Common property versus personal property - basic distinction

The starting point for the division of property is to determine which assets belong to the common property and which are the personal property of each spouse. Under Polish law, common property includes items acquired during the marriage by both spouses or by one of them. Personal assets, on the other hand, are primarily:

Property acquired before the marriage
Property acquired by inheritance, bequest or donation (unless otherwise agreed by the testator or donor)
Items used exclusively to meet the personal needs of one spouse
Non-transferable rights which can only be enjoyed by one person
Objects obtained as compensation for personal injury or damage to health
Claims on account of remuneration from the employment or other gainful activity of one of the spouses
Property obtained from an award for the personal achievements of one of the spouses

Ways of dividing property

In the Polish legal system, there are two basic ways of dividing property after divorce:

1. contractual division of property

The most favourable and least conflictual solution is an agreement between the spouses on how to divide the assets. This can take the form of:

Agreements on the division of property - drawn up in the form of a notarial deed, particularly where the property includes real estate
Court settlement - concluded before a court in the course of proceedings for the division of property

The contractual division of assets gives the parties the greatest freedom to shape the terms of the division, taking into account individual needs and expectations.

2 Judicial distribution of assets

If the spouses are unable to come to an agreement, it will be necessary to carry out a judicial division of the property. The court makes the division based on the principle of equal shares of the spouses in the joint property. The most common ways of division are:

Physical breakdown - when the thing can be subdivided without materially altering or diminishing its value
Assignment of property to one spouse with obligation to repay the other - a typical solution for the division of property
Sale of goods and distribution of the sale proceeds - when other means of division are not possible
Establishment of fractional co-ownership - an infrequent solution, mainly where partitioning is impossible or unreasonable

When is the best time to divide assets?

The division of assets can be carried out:

During the marriage - by establishing a separation of the property and by dividing the joint property
During the divorce process - on the joint application of the spouses, the court may rule on the division of the property in the divorce judgment if this would not cause an undue delay in the proceedings
After divorce - in separate proceedings for the division of the joint property

It is worth remembering that a claim for division of joint property is not time-barred, but from a practical point of view, sorting out property matters relatively soon after divorce avoids many complications in the future.

How to prepare for the division of property?

1. Collect documentation

Gathering supporting documents is key:

Status of assets (deeds, extracts from the land register, vehicle registration documents)
Sources of assets (donation agreements, wills, documents proving acquisition before marriage)
Value of individual assets (valuations, invoices, receipts)
Debt status (credits, loans, tax liabilities)

2. Estimate the value of the assets

It is advisable to have a valuation of the most important assets, especially real estate and valuable movable property, before proceeding with the division. If there is disagreement on the value, it may be necessary to appoint an expert appraiser.

3. Develop a strategy for sharing

Consider which assets are most important to you from a practical or emotional point of view. Establish your priorities and the limits of your concessions in negotiations.

4. consider unequal distribution

In some situations, it may be justified to request an unequal division of assets, such as when one spouse:

Contributed more to the common property
He squandered common property or concealed its components
Borrowed without the consent of the other spouse

Case study

Anna and Peter's marriage decided to divorce after 15 years. Their assets included a house worth PLN 800 000, two cars (PLN 150 000 and PLN 60 000) and savings of PLN 100 000. The house was encumbered by a mortgage with PLN 300 000 outstanding.

After consulting a lawyer, the spouses decided on the following division:

Anna received a house with the obligation to take over the entire loan and a cheaper car
Peter received a more expensive car and all his savings
In addition, Anna agreed to repay to Peter the sum of PLN 155,000 in monthly instalments over a period of five years

This arrangement avoided the need to sell the house, which was particularly beneficial for the children, who were able to remain in their current home and school.

Summary

Dividing assets after divorce is a process that requires careful preparation and a strategic approach. Early consultation with an experienced family law lawyer can help you develop the best strategy, safeguard your interests and avoid costly mistakes. Remember that a well-conducted division of assets provides the foundation for starting a new phase of life after divorce.