Property division in Ukraine with a foreigner.
How is property divided in divorce? The general rule according to the Family Code of Ukraine is:
Everything spouses acquire before registering their relationship or after divorce is their own property. In marriage, all property becomes joint (acquired jointly) if no prenuptial agreement is made.
In the event of divorce in Ukraine, property division can be carried out by concluding a Property Division Agreement, as well as through judicial proceedings in case of disagreements and disputes.
Property division agreement — is a document through which spouses voluntarily divide jointly acquired property between themselves. Such an agreement must be notarized. The agreement can be concluded during marriage, upon its dissolution, or after divorce. The right to conclude a property division agreement is provided for by Article 69 of the Family Code of Ukraine, which states that a husband and wife have the right to divide property by mutual agreement. This agreement differs because a prenuptial agreement can be concluded before marriage (becomes effective upon marriage registration).
Entering into the Agreement helps facilitate the divorce process involving a foreign spouse, determining shares in jointly acquired property on mutually beneficial terms.
A copy of the Property Division Agreement in Ukraine with a foreigner must be translated into English or another language, and if needed for use in another country, legalized.
To conduct negotiations, determine the regime of all existing property, review and approve the preliminary draft of the agreement, spouses need to prepare a package of documents (passports, property documents), then schedule an appointment with a family law attorney.
Property division in Ukraine with a foreigner in court:
In case of property disputes and inability to conclude a Property Division Agreement, the parties will have to resort to court. The court decision will determine which property belongs to each of the spouses (Article 38 of the Family Code of Ukraine).
In the case of judicial division of jointly acquired property, the general rule of a three-year statute of limitations applies, but there are exceptions. Conclusions can be drawn about all circumstances after a detailed analysis of the situation and documents during a consultation.
To determine the scope of property, statute of limitations, jurisdiction (which court will hear the case), and clarify other significant circumstances, it is necessary to consult with a family law attorney. After analyzing the situation and documents, a family lawyer will assist in properly preparing all documents, drafting the property division lawsuit for court, and providing support at all stages of the case.
During property division involving a foreigner, several additional moments arise compared to general legal practice:
– proper preparation of all documents and evidence;
– legalization of foreign documents and their translation;
– engaging a translator in the judicial process (if necessary);
– notification of the foreign party (according to international legislation);
– legalization in accordance with the established procedure of the court decision of Ukraine.
Out-of-court settlement in a property division case:
The parties to the property division case have the right to conclude an out-of-court settlement at any stage of the judicial process. It is important to note that an out-of-court settlement is a voluntary joint decision of the spouses regarding the division of their property, rather than an enforcement of demands by the spouse (plaintiff) who initiated the court proceedings. An out-of-court settlement reached by the parties, as a result of agreements made during the judicial proceedings, is finally approved and formalized by the court decision.
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