Terms of property division during divorce: legal advice

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Sakharuk Anatolii

Lawyer

Ukraine / Kyiv

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Publication date: 27.08.2024

Terms of property division during divorce: legal advice

The division of property during a divorce is an important process that requires a clear organization and compliance with the deadlines established by law. In Ukraine, the general provisions on property division are regulated by the Family Code, which defines the rights and obligations of spouses. An important aspect in this process is timely legal advice to help avoid mistakes and ensure compliance with all legal requirements.The process of property division can be carried out peacefully through an agreement or through the courts if the parties do not reach an agreement. It is important to know your rights and obligations to avoid conflicts.
 

Basic provisions on the terms of property division

The division of property during a divorce has certain deadlines that are important to observe in order to avoid possible legal problems. The law provides that property can be divided during or after a divorce. An important aspect is the correct legal analysis of the situation, which will help determine the optimal timing of the division and ensure the protection of the interests of both parties. 
In Ukraine, there is a 3-year period for filing a claim for property division after divorce. This period does not start from the moment of divorce, but from the moment when one of the spouses learned or could have learned about the violation of their rights. Even if the property was not divided immediately, the right to divide it remains.

Property can be divided both before and after the divorce:

• 
  Before the divorce.Spouses can enter into a property division agreement to avoid court procedures. For real estate, the agreement must be notarized.
• 
  After the divorce. If no agreement is reached, the matter is resolved in court, which will divide the property according to the shares, which are usually equal.

If the property was not divided immediately, you still have the right to have it divided.
However, some difficulties may arise:

• 
  Changes in the value of the property. This can make it difficult to estimate the value at the time of divorce.
• 
  Inheritance. If one of the spouses dies before the property is divided, his or her share will go to the heirs, which can complicate the situation.
• 
  Evidence. Over time, it may become more difficult to gather the necessary evidence to prove your right to a share of the property.

Key documents for property division

• Marriage contract: If the spouses have entered into a prenuptial agreement, its provisions are the basis for the division of property.
• Real estate documents: It is important to have all documents confirming the ownership of real estate.
• Documents for other property: These may include documents for cars, jewelry, and other movable property.

Property division procedure

1. Filing an application with the court: If the spouses cannot reach an agreement, the division of property is carried out through the court.
2. Analysis of documents: All documents must be reviewed and prepared for submission to the court.
3. Obtaining a court decision: After hearing the case, the court makes a decision on the division of property.

The role of a lawyer in the process of property division

Legal advice: The lawyer provides detailed information about the property division process and helps determine the best strategy to protect the client's interests.

Legal analysis of the situation: A lawyer conducts a legal analysis of the situation to determine the best way to achieve a fair division of property.

Verification of documents by a lawyer: A lawyer checks all documents submitted to the court to ensure that they comply with legal requirements.

Legal opinion: After conducting a legal analysis, the lawyer prepares a legal opinion that contains recommendations for further action.

Solving possible problems during the division of property

In the process of dividing property, various problems may arise that require professional intervention by a lawyer. Among them:

• Property disputes: A lawyer helps resolve conflicts over property ownership.
• Correction of documents: In case of errors in the documents, the lawyer helps to correct them.
• Obtaining additional evidence: A lawyer can help with obtaining additional evidence or testimony.

Consultations and support at all stages of the process

The lawyer provides advice and support at all stages of the property division process. This includes:

1. Consultations on the collection of documents: A lawyer helps determine what documents are needed and how to prepare them correctly.
2. Legal support during the trial: A lawyer supervises the court proceedings, ensuring that the case is considered correctly and in a timely manner.
3. Advice on the execution of a court decision: A lawyer helps to execute a court decision, ensuring that all actions comply with the requirements of the law.

Legal support in court proceedings

If litigation arises during the division of property, a lawyer provides legal support in court. This includes:

1. Preparation of documents: The lawyer prepares all the necessary documents for submission to the court and ensures that they meet the requirements of the court process.
2. Representation of interests in court: A lawyer represents the client's interests during court hearings, ensuring the protection of their rights.
3. Appealing decisions: If necessary, a lawyer can appeal or challenge a decision of a higher court.

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