Case: Support for the conclusion of a notarized agreement on the division of property that is jointly owned by spouses
Client: Applicant
Region: Kyiv
Purpose: Division of property out of court in the desired shares
Lawyer: Tina Olehivna Kletsko
Lawyer: Sulyk Roman Andriyovych
The essence of the matter:
Party-1 (CLIENT) turned to the legal company “Prikhodko and Partners” for consultation and support, the main request was the division of the property of the spouses upon divorce in the shares desired by the spouses, without judicial review.
The best option for solving such a problem is the conclusion of a notarized agreement on the division of property that is jointly owned by the spouses.
Also, during the communication, it was found that in this case, mediation was necessary for a peaceful, rational and comfortable decision on the distribution of shares for the spouses.
This case is divided into several stages of legal support for all processes:
The first stage:
Providing full legal advice with analysis of available documents and grounds for achieving the CLIENT’s ultimate goal.
The second stage:
Acquaintance with requests, requirements and expectations of Party 2. This stage is necessary to understand whether mediation will be the optimal tool to solve this situation.
The third stage:
Mediation, determination of topics declared for discussion by the Parties. Making a decision on the legal consolidation and protection of the property rights of each of the spouses. The final determination of the desired shares of the spouses for the division of property in the order of concluding a notarial agreement is acceptable to both Parties.
The fourth stage:
Drawing up a draft agreement on the division of property jointly owned by spouses. Verification of the draft contract by the parties. Editing.
The fifth stage:
Legal support by a lawyer to a notary to protect the client’s interests, counseling during this process, making final edits. Notarization of the agreement on the division of property that is jointly owned by the spouses.
Progress:
1) The lawyer of the legal company “Prikhodko and partners” provided the CLIENT with a full consultation on the division of the property of the spouses, by concluding an agreement on the division of property that is jointly owned by the spouses.
Analyzed the documents and provided a complete procedure for obtaining the final result at the client’s request.
2) After signing the contract and agreeing on the terms of cooperation with the CLIENT, the lawyer began preparations for conducting mediation between the parties to reach a mutual agreement and the possibility of dividing the property in the shares desired by the spouses.
3) A lawyer and a lawyer of the legal company “Prikhodko and Partners” conducted mediation as an out-of-court settlement of the dispute between the parties to the agreement in accordance with the requirements of current legislation (Law of Ukraine “On Mediation” dated 11/16/2021 1875-IX). As a result of the negotiations, an agreement was reached between the Parties, and a joint decision was made on the division of the property in the agreed shares in the order of concluding a notarial agreement on the division of the property of the spouses, taking into account all the requirements of the spouses.
4) The lawyer drew up a draft agreement on the division of property, which is jointly owned by the spouses, in shares determined by the spouses, taking into account the interests of both Parties and taking into account all amendments from the CLIENT, taking into account the requirements of the current legislation (Articles 60-74 of the Family Code of Ukraine in the current edition dated 01.01.2024 2947-III).
5) The lawyer collected the necessary list of documents for concluding the agreement and set a convenient time and date for the CLIENT to meet the spouses with the notary for the notarization of the above-mentioned agreement.
6) The last step in the case is the legal support of the client at the notary with the relevant list of documents. Signing by the Parties of the agreement on the division of property that is jointly owned by the spouses in the presence of a lawyer to certify its validity and legal signature and notarization of this agreement, in accordance with the requirements of Article 69 of the Family Code of Ukraine and the Resolution of the Supreme Court of Ukraine dated February 19, 2020 in case No. 266/5267/18, dated June 20, 2018, in case No. 640/13903/16-ts.
Conclusion:
Mediation is an effective way of out-of-court dispute resolution taking into account the interests of the Parties. The property division agreement regulates the distribution of property values of the spouses in the event of voluntary divorce and is a reliable way of protecting the interests of each spouse with the possibility of deviating from the principle of equal shares.
On the basis of correctly legally executed documents, appropriate consultations and successfully conducted mediation in accordance with the requirements of the current legislation of Ukraine, the CLIENT and his wife received a decision that satisfied both Parties, and successfully concluded an agreement on the division of property that is jointly owned by the spouses. At the time of signing the contract, joint ownership of the spouses was terminated, and property, assets, and funds became private property in accordance with the terms of the contract.
Lawyers and attorneys of the legal company “Prikhodko and Partners” can provide you with appropriate advice in accordance with your situation and ultimate goal, full turnkey legal support and help in solving your situation in accordance with the current legislation of Ukraine in the shortest time provided by the law.