Mechanisms to protect the property rights of the child and mother during divorce: a legal analysis
Keywords:
jointly acquired property, principle of equality of spouses' shares, property rights of a child, interests of minor childrenAbstract
The article is devoted to the study of legal aspects of the division of marital property in divorce proceedings, taking into account the protection of the rights and interests of the child. The authors analyze modern problems related to the delimitation of spouses' shares in joint property, and put forward proposals to improve legislative regulation in this area. In particular, they consider the issues of prioritizing the distribution of property when there are minor children in the family, which requires special attention to their material well-being. The authors propose changes in the legal mechanism for protecting the property interests of the child and strengthening legal guarantees for the protection of maternal rights in divorce. The study reveals gaps in the legislation that create difficulties in resolving property disputes and proposes measures to eliminate them for a more equitable distribution of jointly acquired property of spouses in the context of the interests of the family and children.