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Publication date: 26.05.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
The division of marital property in Ukraine in the event of divorce is of particular importance when one of the spouses is a foreigner. In such situations, international and domestic laws govern the rights and obligations of the parties in the process of property division. In this article, we will consider the main aspects of this issue.
The concept of marital property
In Ukraine, marital property includes all property acquired during the marriage, regardless of whose name the property is registered in or who is the actual owner. Such property may include real estate, movable property, financial assets, etc.
Division of property upon divorce
Upon divorce in Ukraine, regardless of whether one of the spouses is a foreigner, the property is subject to division in accordance with the applicable law on the division of marital property. This usually involves the division of property equally between the spouses or under other conditions determined by agreement of the parties or by a decision of the competent authority.
International aspects of property division
In cases where one of the spouses is a foreigner, international agreements or conventions may apply to the division of property between international spouses. International principles of fairness and mutual assistance in resolving disputes may also be taken into account.
The division of marital property when one of the spouses is a foreigner can be a complicated process, as there are additional legal aspects related to international laws and treaties. Below are a few steps to consider when dividing property in such cases:
- Valuation of the property - Before starting the division of property, it is necessary to conduct an appraisal of all marital property. This includes real estate, movable property, financial assets, business interests and any other assets that were acquired during the marriage.
- Consult a lawyer - Due to the complexity of international legal aspects, it is recommended that you contact a qualified lawyer with experience in international family law matters. A lawyer will help you to understand all legal issues and establish the best way to divide the property.
- Determination of the law - A lawyer will help determine which law will apply to the division of property. This may be the law of the country of residence, the law of the country where the marriage was concluded, or international agreements governing the affairs of spouses from different countries.
- Conclusion of the agreement - After determining the legal status and regulating the division of property, the parties may enter into an agreement on the division. The agreement may be in the form of a property division or divorce agreement signed by both parties under the supervision of a lawyer.
- Court proceedings - In cases where the parties are unable to agree on the division of property, the case may be referred to the court. The court will consider the case in accordance with the law and take into account all the circumstances to decide on a fair division of property.
Consultation with a lawyer
Due to the complexity of legal regulation and possible international aspects, it is recommended that you seek legal advice on family law and property matters from qualified lawyers. This will help to avoid possible conflicts and ensure a fair division of property. Division of property during divorce, how property is divided after divorce, distribution of property between spouses, division of property after divorce.
The division of marital property in the event of divorce is a complex process, especially when one of the spouses is a foreigner. Compliance with the law, consultation with lawyers and consideration of international aspects can help resolve these issues without unnecessary difficulties and conflicts.
