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How do you divide finances in a divorce?

The video is part of our video series where the lawyers at Halvorsen & Co answer frequently googled questions about tort law, family law, inheritance law, labour law and bankruptcy law.

Click here to see an overview of all the videos.

 

The rules and financial settlement for spouses are much more regulated and better defined than for cohabitants. For spouses, the starting point is that you should be able to take with you what you brought into the marriage, provided that what you brought in remains intact. Everything that you build up during the marriage is considered joint and should as a general rule be divided equally, unless otherwise agreed.

It is possible to agree on divisions other than equal division. For example, it is possible to agree on separate ownership of certain assets or property, such as a cabin or savings. If no separate property is agreed for such assets, they will be included in the equal division pot and divided equally in the event of a divorce.

In order to establish separate property, a prenuptial agreement must be drawn up, which is the formal agreement that is valid for spouses. The prenuptial agreement must follow certain formal requirements and requires witnesses to be valid.

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