Resolution of disputes in the division of property. Legal aspects

Legal resolution of disputes in the division of property is an integral part of the process of dissolution of marriage between spouses. Ukrainian legislation provides certain legal aspects and procedures that must be observed when dividing common property.

What are the ways to resolve disputes in the division of marital property?

According to the CCU, property acquired during marriage is considered the common property of the spouses and is subject to division. When resolving disputes regarding the division of property, there are several ways to resolve them:

• Voluntary agreement or arrangement: The parties may independently conclude an agreement on the division of property or voluntarily agree on its distribution. The agreement is voluntary and may determine the conditions for the division of property, the amount and method of distribution of property values.
• Mediation: This is a voluntary process in which an independent third party, the mediator, assists the parties in reaching an agreement on the division of property. The mediator helps to resolve disputes through constructive dialogue and the search for mutually acceptable solutions.
• Litigation: If the parties cannot reach an agreement between themselves, either of them can file a lawsuit in court. The court considers the case and decides on the division of property based on the available evidence and in accordance with the rules enshrined in the UK.

What legal aspects does the court take into account when dividing the property of the spouses?

1. Status of property: The court determines what property is considered the common property of the spouses, and what is the private or individual property of each of the spouses. Generally, property acquired during marriage is considered common property. However, there are exceptions when certain property can be recognized as the object of private property of one of the spouses. For example, property acquired in marriage; property acquired on the basis of a donation or inheritance agreement; the property was acquired at the own expense of one of the spouses; things for individual use, etc.
2. The contribution of each of the spouses: The Court takes into account the contribution of each of the spouses to the acquisition, maintenance and replenishment of common property. These can be financial contributions, labor contributions, family and household care, and other forms of contribution to the common household. The contribution can be valued both financially and non-materially.
3. Property condition of spouses after divorce: The court assesses the material and moral condition of each of the spouses after a divorce. This may include financial means, earning opportunities, having children or persons in need of care, and other factors affecting the condition and health of the parties.
4. Child care. The court may take into account the interests and needs of children, especially if they are dependent on certain property for their proper development and care.
5. Alimony payment. If one of the parties is entitled to receive alimony from the other party, the court may take this fact into account when distributing property. The payment of alimony can affect the amount and distribution of common property.
6. Individual circumstances: The Court may take into account special circumstances affecting the distribution of property, such as the health or disability of one of the spouses, the needs and abilities of each party, financial situation, etc.

However, it is important to remember that specific court decisions may vary depending on the circumstances of each case, and legal advice from professional lawyers will be the best option to obtain accurate information about the legal aspects of the division of property.

One of these lawyers is the law office "Prikhodko and Partners", which are specialists in the field of family law. They will not only provide all comprehensive answers on the division of property between spouses, but also prepare all the necessary documentation for the case. Therefore, do not hesitate and contact Prikhodko and Partners.