Lawyer

Advocate - project partner, expert in family practice

Contact now

WOMEN’S RIGHTS IN DIVORCE. WHAT SHOULD YOU KNOW?

 When should property acquired during a marriage be divided in half? If a marriage contract has not been concluded between the spouses, which determines the regime of jointly acquired property, the regime of joint joint ownership of the acquired property shall apply to all property acquired by the spouses during the marriage.

 This means that regardless of the person to whom the property is registered, whether the wife or the husband, if it was acquired during the marriage, it must be divided in half.

You are not required to sign a marriage contract.

 Signing a marriage contract is a right, not a duty, of the spouses. Disputes often have to be resolved when the terms of such an agreement significantly restrict women’s rights. The law stipulates that a marriage contract may not place one of the spouses in an extremely disadvantaged financial position. If such a contract provides, for example, that all the mano acquired in the marriage belongs to one of the spouses, such a contract may be declared invalid. If the terms of the contract show a restriction of your rights, feel free to refuse. If this threatens marriage – it is worth thinking, is such a marriage necessary at all?

What property is considered your private property?

  • if the property was inherited or donated by you;
  • property that was acquired by you personally before marriage;
  • real estate that was privatized by you during the marriage;
  • your jewelry, jewelry and other items for individual use, regardless of whether they were purchased at your expense or for joint funds;
  • the court may also recognize a part of your husband’s award or reward for you, if you prove in court that it was you who contributed to her actions by her husband;
  • insurance payments under voluntary or compulsory personal insurance, if the insurance premiums were paid by you at your personal expense;
  • income and dividends from a thing that is your personal property;
  • the court may recognize it as your personal property if it was acquired by you at your own expense during a separate residence after the actual termination of the marriage.

When are you entitled to maintenance after divorce?

  • you have the right to compulsory maintenance from your husband if you are pregnant, or you have a child left to live with you until the child reaches the age of 3, or 6 years if the child has mental or physical disabilities;
  • if you have a child with a disability from a joint marriage;
  • if you have reached retirement age or received a disability of groups I, II, III during marriage or within 1 year after divorce;
  • if, after 1 year after the divorce, you have received a disability as a result of your husband’s illegal behavior towards you;
  • if you have been married for more than ten years and you have less than 5 years left at the time of divorce;
  • if while married you could not work due to housekeeping and raising children, caring for sick family members, etc.

How to prove cohabitation without marriage registration?

 Sometimes, it happens to prove even the obvious. What evidence does the court accept? Witness testimony: these can be relatives, children, mutual friends, joint photos, correspondence and correspondence, documents confirming the joint purchase of property, receipts for utilities, house books, certificates from the place of residence, housing organizations, etc., which can confirm the joint the residence of the husband and wife, their joint household management and even the birth certificate of the children, where the husband is voluntarily registered as the father of the child. Such evidence will be assessed as a whole, the more evidence, the better the chances of obtaining a decision in their favor.

Who will the child stay with?

 Often, children are manipulated by a man and a woman, and the desire to take a child is not at all related to the desire to raise and care for her. The child’s parents have equal rights with respect to the child. The child cannot be taken from the mother without exceptional grounds, and if this happens, it is necessary to seek protection from lawyers and the police, because, as practice shows, it is not possible to resolve this issue on your own.

 When it comes to who the child will stay with, the courts give preference to the child’s financial situation, the possibility of providing the child with adequate living conditions, the responsibility and health of the parents, the characteristics of the place of residence, and so on. The child’s living conditions, attachment to friends and according to the school where he / she studies, the opportunity to attend children’s clubs, etc. are taken into account. In addition, the court takes into account the child’s opinion about the desire to stay with the father or mother. According to the legislation of Ukraine, with the consent of the parents the place of residence of the child is determined before reaching the age of 10, from 10 to 14 years – the place of residence is determined by the joint consent of the child and parents, and the child from 14 years has the right to decide.

20%
discount
If we do not call back during the day
Consultation