TOP 7 MOST COMMON QUESTIONS ABOUT PROPERTY DIVISION IN DIVORCE

The division of property is a complex process that involves the distribution of assets between divorced spouses, taking into account their rights and interests. and the interests of the children, if any.

Questions that most often arise when dividing property:

1. What is considered joint property of spouses?
   In Ukrainian family law, the common property of spouses is defined as property acquired during marriage, which is not considered the individual property of one of the spouses.
2. How is property divided in a divorce?
   The main principles for the division of property in a divorce are equality, fairness and consideration of the interests of children (if any).
3. What types of property are subject to division after a divorce?
   After the dissolution of a marriage, common property, which includes real estate, movable property, financial assets, and bank accounts, is subject to division.
4. How is the share of property of each spouse determined?
   The share of each of the spouses in the common property is determined taking into account the contribution of each of them to the formation and preservation of the common property.
5. Can the property of one of the spouses be divided?
   In certain cases, for example, if one of the spouses has a significant personal contribution to the formation of common property, a division of individual property may be made.
6. How is the division of real estate resolved?
   The issue of division of real estate after a divorce is decided on the basis of a joint decision of the parties or a court decision. In case of disputes, the court can decide who will own the property or award compensation to one of the parties.
7. What are the procedures and terms for the division of property?
   It is important to note that the specific procedures and terms for the division of property may depend on many factors, such as the complexity of the case, the contentiousness of issues, the amount of property, the freedom of the parties and the efficiency of the court. To determine the timing and stages of the procedure for the division of property, it would be most appropriate to seek the advice of a lawyer or family law attorney.

The division of property can be carried out with the consent of the parties or through a judicial process, where the court establishes an equitable distribution of assets, ensuring equality and fairness between spouses.

Lawyers and advocates of the law firm "Prikhodko and Partners" can help in the process of dividing property in case of divorce in the following ways:

• Legal Analysis: A lawyer can help you understand the complex legal aspects involved in the division of property and analyze the relevant legislation relating to divorce. They will be able to explain the rights and obligations of each party under the law.
• Protection of interests: A lawyer will represent your interests during negotiations or litigation. They will ensure that your rights are protected and taken into account when dividing the property.
• Negotiations and Agreement A lawyer can help you negotiate with the other party to reach an agreement on the division of property. They will be able to guide the negotiation process and provide the legal context for reaching a fair agreement.
• Collection of evidence: A lawyer will help you collect all the necessary evidence confirming your legal position on the division of property. This may include ownership documents, financial records, and other evidence of your rights to certain assets.
• Representation in court: If a property division dispute requires litigation, a lawyer can represent you in court. They will prepare all the necessary documentation, represent your interests during the hearing and will argue your position before the court.
• Mediation and Alternative Dispute Resolution: A lawyer can help you use alternative dispute resolution methods such as mediation or arbitration. They will be present during negotiations or mediation sessions, providing you with legal support, helping to reach a compromise and agreement between the parties.
• Property Appraisal: A lawyer can help you appraise property to be divided. They may work with appraisers to determine the fair market value of assets, providing an unbiased valuation that takes into account all relevant factors.
• Dispute Resolution: The lawyer will find a solution to resolve any disputes that arise during the property division process. They will help you find compromise solutions and establish a legal framework for the division of property, ensuring fairness and protecting your interests.

It is important to note that the specific role and assistance of a lawyer or attorney in the property division process may vary depending on the situation and the needs of each party. By contacting a qualified lawyer or a lawyer of our company with a specialization in family law, you will receive individual legal advice and support.