How to divide property in divorce

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Khyzhavska Olesia Yaroslavivna

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Ukraine / Khmelnitsky region

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Publication date: 26.06.2024

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Division of property upon divorce

Dissolving a marriage is a legal process that officially ends the marriage union between spouses. This process can be quite complex and emotionally draining, especially when there are disputes over property division, child custody or child support. Here is basic information about divorce in Ukraine, including the procedure, possible consequences and the involvement of a lawyer. The divorce process in Ukraine includes several stages and may vary depending on circumstances such as the presence of children, property disputes or mutual consent to divorce. 

A marriage can be dissolved in Ukraine under the following conditions:

1. Dissolution of marriage through civil status registration authorities: by mutual consent of the spouses, at the request of one of the spouses.
2.  
   Divorce through the court: by mutual consent of the spouses (if there are children), at the request of one of the spouses.
3. 
   Special cases of dissolution of marriage: annulment of marriage, dissolution of marriage due to death.

Divorce proceedings can be simple or complex, and require attention to legal aspects, particularly in situations where issues related to children, property or financial obligations need to be resolved.  

Hiring a lawyer during the division of property in a divorce through the legal marketplace "Consultant" can greatly simplify the process and help you achieve a fair result.

Property relations between spouses in Ukraine are regulated by the Family Code of Ukraine, which defines the rights and obligations of spouses regarding joint and separate property.

Joint property of spouses includes all material assets acquired by spouses during marriage: movable property, cash, income from business activities, pension and other social benefits.    

Involvement of a lawyer during a divorce

Hiring a divorce lawyer can greatly simplify the process, especially if there are disputed issues. This is how a lawyer of UM "Consultant" can be useful in such a situation:

• Property valuation and drawing up a list of assets - marketplace lawyers will help you determine the entire list of joint property to be divided. This includes real estate, vehicles, bank accounts, investments, business assets and other valuables. They can also facilitate the involvement of appraisers to accurately estimate the value of the property.
• 
  Legal analysis and consultations - "Consultant" specialists will provide you with a legal analysis of your situation, clarify your rights and obligations, and also give recommendations on the optimal strategy for property division. They will help you understand which assets are considered joint property and which are personal and indivisible.
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  Negotiations with the other party - lawyers may participate in negotiations with the other party to help reach a fair and peaceful settlement of the property division issue. Their participation minimizes the risk of conflicts and helps maintain a constructive dialogue.
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  Drafting and execution of agreements - lawyers of YM "Consultant" will ensure the legal execution of all agreements reached between the parties. This may include preparing a property division agreement, which will be the legal basis for the transfer of assets or cash. If necessary, lawyers will also prepare draft applications to the court.
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  Representation in court - if it is not possible to reach an agreement peacefully, the lawyers of the "Consultant" marketplace will represent your interests in court. They will prepare all the necessary documents, evidence and ensure the protection of your rights during the court proceedings.
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  Protection of business rights and other complex assets - if you have a joint business or other complex assets, lawyers can help you develop a strategy to protect your rights, including through legal mechanisms such as agreements for the purchase and sale of shares in the business or taking measures to share income.

The duration of the process depends on the complexity of the case and the presence of disputes between the parties. Divorce proceedings can take several months, while complex property division cases can take up to a year or more. The cost of a lawyer's services in case of divorce, the cost of divorce depends on the complexity of the case, the volume of work and the region. You can find out the exact cost after consulting a lawyer.
Lawyers help citizens protect their rights in court and other legal bodies. They represent the interests of their clients, helping them to obtain a fair solution in legal disputes.

A lawyer can help with the following issues: the procedure for dissolving a marriage, conditions for dissolving a marriage, the process of dissolving a marriage, the cost of a lawyer for a divorce. Dissolving a marriage is an important and responsible step that requires consideration of many legal nuances. The involvement of a lawyer can significantly facilitate this process, help avoid mistakes and ensure the protection of the rights of both parties, especially when it comes to children and property issues, clarify the terms of divorce and specify the documents required for divorce.

This is a general overview of the divorce process in Ukraine and the division of marital property. Since each case is unique, it is advisable to consult a lawyer for specific recommendations or to draw up the necessary documents.