I defended the interests of my ex-husband, joining the case at the appellate stage in the Novosibirsk Regional Court. In the first instance, the client was ordered to pay compensation in the amount of 4.5 million rubles. This amount is 50% of the market value of the apartment, which was formally purchased during the marriage, but at the time of purchase the marital relationship was actually terminated. The spouse failed to prove the personal nature of the disputed property in the first instance.
Having assessed all the available evidence in the case, it was decided to ask the appellate court to cancel the monetary compensation and award the ex-wife ½ of the share in the property right to the disputed apartment. A detailed appeal was prepared with numerous schemes for the movement of personal funds. Justification for the impossibility of a one-time payment of compensation and the potential risk of the bailiffs banning my client from leaving Russia, whose work as a pilot and commander of the MI-8 Armed Forces involves constant business trips around the world.
The parties themselves did not participate in the case, as they permanently reside in Australia, but they decided to apply Russian law to the division of real estate. In Australia, even premarital property is included in the amount of property subject to division upon divorce. Division under Russian law was safer.
During the process, it became obvious that the panel of judges of the appellate instance was on our side, the judges in every possible way directed the parties to conclude a settlement agreement. We proposed a draft settlement agreement under which each of the former spouses would receive ½ of the share in the property rights to the disputed apartment. In this case, monetary compensation was not paid. At the second court hearing in the appeal, the parties concluded, and the court approved, such a compromise settlement agreement. The decision of the court of first instance was overturned.