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Publication date: 11.05.2024
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In case of divorce, the property of the spouses can be divided according to the agreement of the parties or according to the court's decision, if the parties cannot reach an agreement. Usually, the court takes into account a number of factors, such as the property status of each spouse, the method of obtaining it, the duration of the marriage, and the care of children, if any.
Article 61 of the Family Code of Ukraine establishes that the property acquired by spouses during marriage belongs to the wife and husband under the right of joint co-ownership, regardless of who had a valid reason (education, housekeeping, childcare, illness, etc.) of independent earnings
Every thing acquired during marriage, with the exception of things for individual use (personal things that are not important for the family economy), is considered the object of the right of joint joint property of the spouses. This means that this property is subject to the rules for the distribution of property in the event of a divorce or other events affecting the status of the marriage.
The wife and husband have the right to dispose of the property, which is the object of the right of joint co-ownership of the spouses, by mutual consent.
If one of the spouses concludes a contract, it is considered the consent of both. However, if the contract goes beyond the scope of small household, the wife or husband has the right to apply to the court with a claim to declare such contract invalid, if it was concluded without their consent.
For the conclusion of contracts that require notarization and/or state registration, as well as contracts regarding valuable property, the consent of the second spouse must be submitted in writing and may be notarized.If the contract concluded by one of the spouses concerns the interests of the family, it creates obligations for the other spouse if the property received under the contract was used in the interests of the family.
According to Article 69 of the Civil Code of Ukraine, which regulates the right of spouses to divide property, which is the object of the right of joint co-ownership. According to this article, if during the marriage the property was acquired under the right of common co-ownership, both husband and wife have the right to its division, regardless of whether the marriage is dissolved or not.
In addition, the article indicates that the division of property can take place by mutual consent of the spouses. However, if there is no such agreement, the division of property may take place by court decision.
Ukrainian law provides for several possible ways to divide marital property after divorce through court:
1. Agreement of the parties: If the spouses can reach an agreement on the division of property, they can enter into an agreement that will be confirmed by the court.
2. Court decision: if the spouses cannot reach an agreement, the court decides on the division of property based on the court decision.
The court considers various factors when making a decision on property division, including:
1. Duration of marriage: the court may take into account how much time the spouses have spent together.
2. Each spouse's contribution to the acquisition and maintenance of the property: this may include financial contributions, as well as housework, childcare and other contributions.
3. The needs and capabilities of each spouse: the court can take into account the needs of each spouse, as well as their future capabilities.
4.Designation of property for the care of children: If there are children, the court may pay particular attention to what property will be designated for the support and care of them.
5. Other circumstances of the case: the court may take into account any other circumstances that it considers important for the fair distribution of property.
During the consideration of the case, the court will take into account such factors as the duration of the marriage, the financial contribution of each spouse to the acquisition and preservation of the property, the needs and capabilities of each spouse, as well as any other circumstances that may be important for the fair division of the property.
After the court's decision on the division of property, it becomes binding for both parties.
