Publication date: 07.06.2024
Procedure for divorce and property division
The process of divorce and division of property is a difficult and often emotionally difficult stage in the life of any couple. In Ukraine, these issues are regulated by the Family Code of Ukraine and other normative legal acts. In this article, we will look at the main stages of the divorce and property division procedure, as well as how a lawyer's consultation, legal analysis of the situation, legal opinion and the help of a lawyer online can help in solving these issues.
Divorce procedure
1. Voluntary divorce through the RACS authorities
If the spouses have reached an agreement on divorce and do not have minor children, the divorce can be formalized through the RACS authorities. For this, it is necessary to submit a joint application for divorce. After submitting the application, the spouses have one month to think about it. If, after the end of this period, the desire to divorce does not change, the authorities of the Civil Registry Office will issue a certificate of dissolution of marriage.
2. Divorce through court
If the spouses have minor children or there is no consent to divorce, the divorce procedure takes place through the court. Divorce by court includes several stages:
- Filing a claim: One of the spouses files a claim with the court. Evidence confirming the reasons for the divorce is attached to the application.
- Court session: The court considers the circumstances of the case, listens to the parties and decides on the divorce.
- Court decision: After considering the case, the court issues a decision on divorce. This decision enters into force after the expiry of the period for appeal.
Division of property
Voluntary division of property
Spouses can agree on the voluntary division of property by concluding an appropriate agreement. The agreement on the division of property must be concluded in writing and notarized. Consulting a lawyer can help in drafting such an agreement, which will ensure its compliance with the law and protect the interests of both parties.
Stages of judicial division of property:
- Filing a claim: One of the spouses files a claim with the court for the division of joint property.
- Court session: The court considers evidence, listens to witnesses and decides on the division of property.
- Court decision: The court makes a decision on the division of property, which comes into force after the expiry of the period for an appeal.
Consultation of a lawyer
Consulting a lawyer is an important stage in the process of divorce and division of property. A lawyer will help you understand your rights and obligations, prepare the necessary documents and provide recommendations on further actions. This allows you to avoid mistakes and ensure legal protection of your interests.
Legal analysis of the situation
A legal analysis of the situation allows you to assess all aspects of divorce and property division, including legal risks and possible consequences. The lawyer will conduct a legal analysis of the situation and provide recommendations on the preparation of the evidence base, preparation of lawsuits and other documents.
Legal opinion
A legal opinion is an official document confirming the legal position of a party in a divorce or property division case. The conclusion is based on a legal analysis of the situation and contains arguments that can be used to protect interests in court or during negotiations.
Lawyer's help online
In modern conditions, the help of a lawyer online is becoming more and more popular. This allows you to receive professional legal assistance without the need for personal meetings, which saves time and resources. An online lawyer can provide advice, help with the drafting of documents, and also represent your interests in court or during negotiations.
Advantages of online lawyer assistance
- Promptness: You can get advice and the necessary help at a time and place convenient for you.
- Affordability: Helping a lawyer online allows you to save money on travel and personal meetings.
- Professionalism: You receive qualified legal assistance from experienced specialists.
