Division of property located abroad

The division of property located abroad is currently a topical issue in the field of family law. This is due to the fact that many Ukrainians left the borders of our country and began to settle their lives on the territory of foreign countries. This in turn encourages people to marry foreigners.

However, in the future, the marriage may not last long between representatives of different nations, and therefore the issue of its dissolution becomes more relevant. In this article, we will consider the concept of a foreign element and the features and division of property located abroad.

What is a foreign element?

If we turn to the provisions of the SCU, we will not find a definition, no norms regarding the conclusion, or breaking up marriage with the participation of foreign elements.

In such a case, private international law comes to the rescue, which states that the foreign element manifests itself in the following forms:

• if one of the parties is a citizen of our country, a foreigner, a stateless person, or a legal entity located outside the territory of Ukraine;
• the object of legal relations is located on the territory of a foreign country;
• or legal facts that took place on the territory of a foreign country.

It follows that such relations are regulated in two ways:

• the first refers to the resolution of disputes by reference to the relevant legislation of the country in which the dispute is resolved;
• the second - is approved by this state of relevant international conventions and treaties on certain issues of private law.

What are the features of the division of property located abroad?

When the marriage is terminated, the question arises as to how to divide the joint property of the spouses abroad. And therefore, first of all, it is necessary to determine which country's laws apply to the division of property of a former spouse that has a foreign element. To do this, it is necessary to establish whether there is a relevant bilateral or multilateral agreement on legal aid in civil cases, similar to how the jurisdiction of a dispute is established. For example, Ukraine ratified the CIS Convention on Legal Assistance and Legal Relations in Civil, Family, and Criminal Matters. This convention allows the courts of participating countries to consider cases related to the division of movable property located on the territory of other states.

At the same time, when it comes to the division of real estate, limited jurisdiction is established and the laws of the country where the property is located apply. This refers to the so-called exclusive jurisdiction of immovable property.

However, there may be cases where you are in a country that has not ratified any of the relevant international treaties or conventions and want to divide movable property acquired with a foreigner in marriage.

What to do in this case?

To resolve this situation, one should refer to the conflicting provisions of the Law of Ukraine "On International Private Law".

Are you married to a foreigner and do not know how to properly distribute your property located abroad? In this case, contact the law firm "Prykhodko and Partners ".

Our team specializes in international private law and therefore knows all legal aspects of the solution to your question. We will help find you the best way to distribute property and receive professional legal consultation. Get in touch!