We have gradually become a concept in itself. This is because there is a great need for help and advice on the financial aspects of a divorce.
There are many things to do with a divorce. It will not be easier because the emotions are boiling, and all parties are uncertain about the future.
So let me help you get answers to everything about the economy and give you advice on the .
Healthy Economy can help you during divorce with all the practicalities of the housing division. Get help with the process and a better overview of how the economy looks after your divorce.
With Sund Economics help with divorce consists of many things. My primary goal is to help you create an overview of what opportunities you have financially. These include: about whether you should sell, buy out or take over your common house, car etc. These are also rules in connection with the division of the estate, among other things. regarding pension and child benefit rules.
Sharing means that the common assets must be shared. The settlement is not necessary to apply for separation or divorce. It can therefore be made independent of this grant. Forms for making the applications can be found.
Divorce without separation
Before, one could not be divorced in Denmark without a prior separation of 6 months. However, divorce could be granted if it could be proved that one party had been unfaithful or there had been serious violence either between the parties or towards his children.
Today, the rules are made so that you can get divorced immediately, if you agree. If you do not agree, you must still be separated for 6 months, unless the above conditions apply.
In the legal context, the legal effects of separation and divorce are the same. Examples include:
- Both in the case of separation and divorce, the property community ceases on the day when the request is received in the state office
- The inheritance between spouses will lapse on the day that a grant is granted for separation
- The special tax rules for spouses also do not make a difference between separation and divorce
Much of the divorce counseling advice is about how to divorce and share with each other in a divorce.u get the best starting point for a good housing division and a tolerable divorce
Debt is ALWAYS liable for yourself
Few people have familiarized themselves with the rules on debt in connection with the . In short, you can only be liable for your spouse’s debt if you yourself have undertaken to attach something in common with your husband / wife.
The most common example of joint liability is the situation in which you take out a loan in a bank and both sign the loan document. This is a joint loan, where you both are liable for the entire debt.
There are many instances where a spouse has signed such loan documents. Most people, however, believe that you are liable for each other’s debts when you are married.
You do not do that, you are always liable for your own debt, whether you are married or divorced.
What does common ownership mean?
When you get married, you get common ownership. Common ownership does not mean that you own everything in common in a marriage that many mistakenly believe. By common ownership one still owns the things that you brought into the marriage and which one buys while you are in the marriage.
Positive assets should be shared
The big difference between values and debts comes first through divorce. When one has to divorce, one must deliver half of his values to his spouse if one’s share of values exceeds the debt one has.
If you have higher debt than the values you have, you should not share anything.
The fact that it is only a positive area that needs to be shared can lead to quite obvious unreasonability.
Example of housing division
Pia and Martin enter into marriage. Pia has consumption debt of DKK 160,000 and a car with a value of DKK 140,000.
Martin has no debt and has assets in the form of motorcycle, car and savings totaling DKK 330,000.
They get divorced, and Pia takes her debt and car and goes without having to share with Martin, as her living space is negative. She has more debt than values.
Martin, on the other hand, must give Pia DKK 165,000, since his estate is positive with DKK 330,000, and in these cases one must share with the spouse.
The conclusion here is that Pia ends up getting DKK 165,000 and thereby can redeem his debt and still have a car for DKK 140,000 + DKK 5,000 in cash
Martin, on the other hand, either had to borrow money to be able to give Pia DKK 165,000 or sell either a car or a motorcycle.
The most important thing to do before getting married is to decide on the financial consequences of a possible. later divorce
The above example shows how important divorce advice is. There is certainly the possibility to make sure that you do not end up in such a situation – you can actually make a marriage agreement with a separate person.
divorce Separate property
In some cases, divorce can have fatal consequences for the future economy if you have not created a marriage contract. In other cases, the difference is not felt. The important thing is just to take a stand.
When is special?
If you want a different wealth arrangement than the property community, you can agree it in a marriage agreement in the form of separate property.
When establishing a marriage contract, one must decide whether all assets should be distinctive or whether they are specific assets, for example. a legacy or a business. For example. The man’s business for his or her own property, the value of the company must not be shared if one day a divorce becomes relevant.
Should the pension be divided by divorce?
Another situation where a marriage contract is highly relevant is if children are brought together in relation to inheritance. There are now many who choose to make a marriage agreement in order to secure a balance of pensions on divorce. Pensions are not shared, and there is often a big difference in how much a pension savings you have each.
If a marriage contract is to be valid, both in the spouses’ relationship and in relation to others, it must be registered in the Personal Book. A written agreement is therefore not enough.
Divorce by divorce
By separation and divorce, one’s property community ceases, and one must calculate each of the spouses’ living space. You do this by taking each spouse’s assets and deducting the debts of each spouse.
Then, each of the spouses must deliver half of their living space to the other if it is positive. In other words, if one’s value of the assets is higher than the debt one has.
If the parties agree on how the estate is to be shared, there is no requirement that a written land division be made. However, it is recommended since there is never anything to come later.
What happens if you cannot agree on housing division?
Ca. 90% of all divisions in connection with divorce are made by a private change. That is, the parties only get help from an advisor they themselves seek.
If the parties cannot find agreement in any way, the probate court will decide how the estate should be shared.
This costs a shift tax, which is 2% of the gross assets of the estate. In cases where housing is involved, this easily goes up to DKK 35 – 40,000. Always seek advice on the so that you avoid the bankruptcy court.
The bankruptcy court has not previously been able to help families where the debt is higher than the wealth. After a law from 2012, they have been given this opportunity. Read more here in my post about: Bodeling by divorce – Help for debt-stricken couples.
Divorce – Housing Division
If a couple to be divorced owns a common home, this is a very large part of the housing division.
Either one can make a choice that one takes over housing and debt in the property. Depending on whether or not there is free value in the home, you either agree on either a payment to the person being bought out or the party taking over the house.
Alternatively, you can choose to sell the home if none of the parties can afford or want to take over the property.
The value of a common residence is included in the parties’ statement of the estate. If the parties disagree about the value of the dwelling, they can let the value set by an assessment expert, for example a real estate agent. The value of the property and the property’s debt are included in the estate in line with other assets and liabilities.
If both parties have equal shareholdings in housing and debt, half of the value of the house and half of the debt for each spouse’s housing are calculated. You then have to agree on who should have which values.
It is in these cases where common housing is involved that counseling on the is paramount.
Many couples end up in great debt following a divorce due to loss of house sales. Get the right help before it’s too late
Divorce is often equal to large debts
Unfortunately, there are many Danes who have ended up in a situation where they have lost a house sale in connection with divorce. Read more about how Sund Economics can help with debt counseling .
In most cases, this is because none of the parties can afford to stay in the house alone. This means that they are forced to sell the house. Alternatively, neither party might want to stay in the house alone.
Solidarity liability for loss
If a couple sells a house with a deficit and they both owed the debt before the sale, they also both liable for the debt that has arisen due to the deficit sale.
The law in Denmark is such that if you as a couple have a common loan and you have to divorce, you cannot demand that the bank, the credit association or other creditors must share the loan in two. You can try to get them done, but they can choose to keep both parties on the whole loan.
Unfortunately, the tendency of the banks is very clear, they split up fewer and fewer loans and want instead to secure themselves having two debtors on the loans instead of just one. Read more here where I give help for debt .
By there is a lot to be gained by investing in the right guidance.
Get the necessary advice
It is clearly recommended to seek professional help to get things shared properly so that you can get a sensible solution to your common economy and both parties therefore get the best possible. It does not have to be associated with great financial costs and this is where I as an impartial advisor can help you without having to spend a lot of money with a lawyer.
Therefore, counseling about the is so important
Carrying out the economic aspects without the help of someone familiar with rules and legislation can be costly. Not least, it can give rise to many inconsistencies after a divorce, because one party feels cheated in connection with the divorce.
Use me as a sparring partner
By there are many considerations and decisions that must subsequently be taken about your future life, one of the important things is how your economy can function in the future.
I can help you get the necessary overview of how the situation looks after your divorce.
I can help you with all the practical things like contacting the bank, broker, lawyer and other parties involved, while I can be your sparring partner to make the right one choice for you going forward regarding. your finances.