How to painlessly and fairly distribute property during a divorce? Especially in the case where there is no marriage contract and mutual understanding.
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Rakurs turned to Victoria DEREVYANKO, a private notary of the Kyiv City Notary District, with a request to answer this question.
There are two ways to distribute jointly acquired property during a divorce: contractual and judicial, explains the notary.
If you do not go to court, then most often spouses use marriage contract.
Firstly, it may be an agreement regulating the relations, rights and obligations of the spouses. It can be concluded both before and after marriage.
I would like to note that the marriage contract is subject to notarization,” explains Victoria Derevyanko.
The agreement may contain a condition on the non-extension of provisions on common joint property to the property acquired by the spouses during the marriage and the condition that this property be considered common shared property or the personal private property of each of them.
An agreement on the division, as well as on the allocation of real estate that is in common joint ownership, can be concluded between a spouse, regardless of the dissolution of the marriage, as well as between persons living in the same family, but not married to each other. , but must be notarized,” said the notary.
Such an agreement exclusively determines the procedure for dividing the common property and determines the shares in the common property, including in kind.
Another way to resolve property issues in a civilized manner. online divorce.
An application for divorce to the registry office in the event of mobilization, absence from the country or other reasons can be submitted by the second spouse. The signature on the application must be certified by a notary or consul.
This practice only applies to married couples who do not have children.
Let us remind you that in Ukraine, divorce without the consent of the spouse, or if the marriage has common children under 18 years of age, is possible only in court. Divorce will be denied if the wife is pregnant or the couple is raising a child under 1 year of age.
You can also file a claim online using the Electronic Court system. In this case, the statement of claim is signed with an electronic digital signature. You must upload all required copies of documents. However, in this case, there is no way to divorce online. It is necessary to hire a lawyer and enter into an agreement with him or, through a notary (embassy/consulate), issue a power of attorney for a representative to conduct such cases in judicial institutions.
Victoria Derevyanko also notes agreement on joint upbringing and child support
as one of the civilized ways to normalize property issues during a divorce.
Child support is most often associated with this often painful process. For the most part, they are appointed by the court. But for this type of payment it is not necessary that the parents have never been in a registered marriage.
In the legal field, it is possible to record all issues related to raising a child (children) and paying alimony, even if the parents never legalized their relationship, but gave birth to a common child and now decide to separate.
An agreement on joint upbringing and child support will help with this. This is a written agreement between the parents about which of them the child lives with and how exactly the second parent, living separately, takes part in the child’s life. Such an agreement specifies the amount and procedure for maintaining the child (payment of alimony).
It must be in writing and subject to notarization.
If the parties have reached an agreement and entered into an agreement on the maintenance of the child, alimony collection occurs in court only in case of violation of the agreements.
Source: Racurs
I am David Wyatt, a professional writer and journalist for Buna Times. I specialize in the world section of news coverage, where I bring to light stories and issues that affect us globally. As a graduate of Journalism, I have always had the passion to spread knowledge through writing.