Financial discrepancy: Notarized weddings and divorces imminent
In a proposal put forward by Michael Umfahrer, the President of the Chamber of Notaries, couples or divorcing spouses may soon be able to register for divorces at the notary's office. This suggestion aims to save costs by handling these processes at the notary's office instead of court.
Currently, notaries in many countries, such as Canada (specifically British Columbia and Quebec), assist with estate planning matters, including inheritances, without court intervention. They help prepare, witness, and notarize wills, powers of attorney, and property transfers for uncontested, non-contentious matters.
Regarding amicable divorces, notaries may draft or notarize settlement agreements if both parties cooperate fully. However, the formal divorce decree and division of assets, including inherited assets, often require court approval or intervention.
Notaries already offer a one-stop shop for property purchases and company foundings. If this proposal is implemented, they could handle inheritances and amicable divorces in addition to their current services.
Michael Umfahrer stated that notaries would be ready to handle such tasks if entrusted. However, the proposal does not provide any new information about the potential cost savings or the coalition government's agreement to this change.
It's important to note that marriage itself is a contract that requires a special form. Divorce itself, including financial remedy orders and property settlements, is usually a court-driven process to ensure fairness and enforceability. Notaries facilitate some related documentation but do not replace courts for divorces.
The Chamber of Notaries has confirmed this proposal to oe24. The exact scope depends on the country and its legal system. This could potentially streamline the process for couples seeking amicable divorces and simplify inheritance matters.
References: 1. Divorce and inheritance: The role of notaries 2. Notaries and Divorce: What You Need to Know 3. Umfahrer: Notare sollen Scheidungen und Erbschaften bearbeiten
- "The suggestion put forward by Michael Umfahrer could potentially extend the role of notaries in business and finance, as they might be tasked with handling inheritance matters and amicable divorces, thereby contributing to the streamlining of these processes in the general-news sector."
- "The proposal by the Chamber of Notaries, if implemented, could lead to a significant shift in the intersection of politics and business, as notaries would be entrusted with handling additional services such as inheritance and amicable divorce cases, which are often subject to court intervention."
