3. How is property divided during the divorce?

All property Is considered to be marital property unless it can be proven that it is separate property. Separate property is property owned by one spouse prior to the marriage, property that was inherited and never commingle and property that was given as a gift to one spouse or the other. If there exists any written agreement between the husband and wife on the partition share or alimony to which the wife is entitled upon divorce, then it shall be according to agreement. But no agreement which is against the interest of a minor may be made. In the case, if the wife desires, the court may order the husband to provide a lump sum amount or annual or monthly alimony or expense on the basis of his property or income to such a wife. In such a case where there is no any written agreement between husband and wife on the partition share and wife does not agree for the lump sum amount then partition to be apportioned between the husband and wife if divorce is to be effected because of the husband. If a property in common is registered in the name of both husband and wife or either of them, then such property shall be partitioned between them according to law, prior to effecting divorce. However, if such a woman concludes another marriage before effecting partition, she shall not be entitled to a partition share. Other issues that will be taken into consideration when dividing property are the earning power of each spouse, the expectation of a return on retirement benefits, contributions made by one spouse to the education or career development of the other spouse and the need of a custodial parent to stay in the marital home.