Publication date: 18.03.2024
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During divorce, one of the most crucial aspects is the division of marital property. This process can be complex and requires careful examination of legal norms and determination of the portions belonging to each party. Below, we will discuss how portions are determined in the distribution of marital property in Ukraine.
Legislation on marital property. Ukrainian legislation has clear definitions and rules regarding the distribution of marital property during divorce or dissolution of marriage. According to the Civil Code of Ukraine, property acquired during marriage is considered marital property, subject to distribution between spouses in case of divorce.
Contribution of each party. During the distribution of marital property, the court takes into account the contribution of each party to the acquisition and preservation of the property. This means that if one party made a significant contribution to the acquisition or support of certain property, they may have the right to a larger portion of that property.
Circumstances of the case. The court considers all circumstances of the case, including evidence of the financial status of each party, their ability to support themselves independently, and any other factors that may affect the distribution of property. For example, if one party has limited earning or self-care abilities, the court may consider this when determining their share of marital property.
Agreements between the parties. If the spouses have agreements regarding the distribution of property, the court may take these agreements into account when considering the case. However, such agreements must be made voluntarily by both parties and comply with legal requirements.
Judicial decision. Ultimately, the court makes a decision regarding the distribution of marital property based on all the evidence and circumstances of the case. This decision aims to be fair and justified, ensuring a just distribution of property between both parties.
The distribution of marital property during divorce is a complex and important process. The decisive role in this process is played by legislation, contributions of each party, circumstances of the case, and judicial decision. In case of disputes or misunderstandings on this matter, it is recommended to seek consultation from a qualified lawyer who will provide the necessary legal support and advice.
Legal assistance in determining portions in property division in court includes several important steps and aspects:
Consultation with a lawyer: First and foremost, parties are advised to consult a qualified lawyer to obtain advice regarding their rights and possible options for property distribution. A lawyer can provide necessary information about the legislation, identify possible risks, and help develop a strategy for protecting rights.
Preparation of evidence: A legal representative assists parties in gathering all necessary evidence to establish their shares in marital property. This may include financial documents, witness testimonies, contracts, and any other materials confirming each party's contribution to the property.
Representation of interests in court: A legal representative acts in court as a defender of their clients' interests. They present their clients' arguments, evidence, and requests before the court, directing all efforts towards achieving a fair and favorable decision regarding property distribution.
Participation in negotiations: Often, property division can be achieved through negotiated agreements between parties outside of court. A legal representative assists in conducting negotiations, protecting their client's interests, and helping to reach an agreement that meets their needs and requirements.
Documentation preparation: After resolving the property division case, the legal representative helps prepare the necessary documentation to formalize the agreement between parties. This may include drafting a property division agreement, preparing documents for submission to registries, and any other necessary materials.
Overall, legal assistance in determining portions in property division in court is an important stage of the divorce or marriage dissolution process. A qualified lawyer helps ensure a fair and effective resolution of the case, providing protection of rights and interests of their clients.
