Publication date: 09.06.2024
Distribution of marital property in case of divorce: legal aspects and novelties of the law
Introduction
The division of marital property in a divorce is one of the most important and complex aspects of family law. The question of what part of the property belongs to each spouse often causes conflicts. In Ukraine, this process is regulated by the Family Code of Ukraine, as well as other legal acts. In this article, we will review the main legal aspects of property division and recent changes in the law.
Legal aspects of marital property division
Joint property of spouses
According to the Family Code of Ukraine, property acquired by spouses during marriage is their joint property. This means that each spouse has equal rights to this property, regardless of who earned more or less.
Property not subject to distribution
The property that is not subject to division and is the personal private property of one of the spouses is not subject to division:
- It was acquired before marriage.
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- Received during marriage as a gift or inheritance.
- It was purchased at the personal expense of one of the spouses.
- Are items of individual use (clothing, footwear, etc.), except for jewelry and other luxury items.
Principles of property distribution
When dividing property, the court is guided by the following principles:
- Equality of spouses' shares: Property is divided equally between husband and wife, unless otherwise provided by a marriage contract or agreement between the spouses.
- Consideration of children's interests: If the spouses have minor children, the court may deviate from the principle of equality of shares to take into account the interests of the children.
- Contributions to joint property: The court takes into account the contributions of each spouse to the marital property, including both tangible and intangible contributions (childcare, housekeeping, etc.).
Procedure for the division of property
Voluntary distribution
The spouses have the right to independently agree on the division of property and conclude a corresponding agreement. Such an agreement may be notarized.
Judicial distribution
If the spouses cannot agree on the division of property, the issue is resolved in court:
- Filing a statement of claim: One of the spouses files a claim with the court for the division of property.
- Court proceedings: The court hears the case, examines the evidence, and determines what property is to be divided and in what proportions.
- Decision-making: The court makes a decision on the division of property, which becomes effective after the deadline for appealing it has expired.
Legislative innovations
Recent changes in the legislation on the division of marital property include:
- Strengthening the protection of children's rights: Amendments have been made to ensure that children's interests are prioritized in the distribution of property.
- Regulation of joint property in civil partnerships: Amendments have been made to more clearly regulate joint ownership in relationships that are not officially registered marriages.
- Changes in the property valuation procedure: New rules for the valuation of property to be distributed have been introduced to ensure greater fairness and objectivity.
