Understanding Unequal Division
Understanding unequal division of property
The default rule is to have an equal division of property, and Divii is going to calculate that equal division for you. But there is some discretion to allow for an unequal division of property and debt if it would be significantly unfair to divide it equally.
Factors that could lead to unequal division
Several factors might justify an unequal division of property:
Length of the Relationship
A very long relationship may be considered when determining whether equal division would be unfair.
Contributions to the Family
Contributions made by either spouse to the family and to the acquisition and maintenance of property can be factored into the division.
Existing Agreements
The terms of any agreement between the spouses, such as a Prenuptial Agreement or a Separation Agreement that says otherwise, may affect how property is divided.
Economic Circumstances
The economic circumstances of each spouse at the time of the division can also be considered.
When to consider unequal division
This is one of those places that, again, it's very rare to divide property unequally. But if you think that it might apply to your circumstances, you should speak with your lawyer about it. Add it to the list of things to talk about.
How to implement unequal division in Divii
If you do decide to have an unequal distribution of property, under the equalization payment section in Divii, you can override the equal calculation and add in a negotiated amount. You'll also see the new negotiated amount in the property schedule.
Conclusion
Remember, unequal division is rare and only applies when considering certain factors. If you think this might apply to you, discuss it with your lawyer to determine whether your circumstances meet the criteria.
Continue Reading
Important Disclaimer
Content and videos in The Divii Knowledge Centre provide general information about separation and divorce and is not and should not be considered legal advice. For guidance specific to your situation, it's important to consult with a qualified family lawyer in your area. It's always highly recommended to seek independent legal advice during your separation.