Property Division

Practice Areas

The division of property is often one of the most contentious aspects of a divorce. Our marital property attorneys are well-versed in the intricacies of Ukrainian property division laws and will work diligently to protect your rights and assets. Whether you are dealing with a high-asset property division or have concerns about the division of marital property, our team has the necessary expertise to navigate even the most complex cases.

As elsewhere in the world, in Ukraine property division is the legal process whereby a couple’s assets and debts are divided during a divorce. In Ukraine, the principle of common property governs property division. In other words, all assets and debts acquired during the marriage are generally considered common property and are subject to equal division.

Here’s brief overview of the steps involved in any property division:

  • Identifying Сommon and Separate Property. The first step in the property division process is identifying which assets and debts are so-called “common property” (assets acquired during the marriage).
  • Valuing Assets and Debts. Accurate valuation of all marital assets and debts is essential. This includes real estate, bank accounts, investments, personal property, retirement accounts, and all outstanding debts.
  • Negotiation and Mediation. Couples can often agree on property division through negotiation or mediation, avoiding a contentious and prolonged court trial.
  • Court Proceedings. The dispute may proceed to a court of law if the parties fail to reach an agreement. In such cases, a judge will decide how the property should be divided based on the evidence presented.

At Ukrainian Family Law, our team of experienced property division lawyers is dedicated to protecting your financial interests and ensuring a fair distribution of assets.  Whether you need a consultation with a relatively simple issue or comprehensive legal assistance with a complex property/business and debt division, our team is here to protect your financial rights while using all available legal methods to help you find an optimum result.

Consultation
Olena Rudenko Esq.
Kseniya Sakharova Esq.
Anna Lelyuk Esq.

Legal Analysis

Family law

International Child Abduction Laws in Ukraine

International child abductions happen with frightening regularity, and these traumatic events typically involve one of the parents. The reasons for such drastic actions are different: sometimes a Ukrainian-born mother cannot adapt to her new life abroad and returns to the safety of her native Ukraine, taking along her child without the father’s consent. Or a divorce has gone terribly wrong, and the mother takes the child back to Ukraine despite a court order that allows the father visitation rights.

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Family law

Annulments

The effects of a divorce can be long lasting and far-reaching. This is generally not the case with an annulment. An annulment does not include dividing up property and paying alimony because the marriage is treated as having never existed. From a legal perspective, if certain conditions can be proved in a court, then annulment becomes simply a procedure for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the inception, as if it never happened in the first place.

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Family law

Child Custody and Visitation

It seems like only yesterday a child’s parents loved each other and lived together quite happily. Today they find themselves bitterly disappointed in their relationship and want to terminate their marriage. Cold, hard statistics show that Ukraine, unfortunately, is now passing through an avalanche of divorces, which arguably have the greatest impact on innocent children.

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Family law

Child Support

Child support is based on the policy that parents are obligated to pay for the support of children, even when the children are not living with both biological parents. One parent will typically be awarded legal custody, with visitation rights awarded to the non-custodial parent, who remains obligated to pay a proportion of the costs involved in raising the children. In Ukraine, parents are obligated to support their children until they will reach the age of 18 or, in certain cases, even after attaining this age (Art. 180 of the Code).

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Family law

Child Kidnapping

Child kidnapping is a crime that happens with frightening regularity. And it often involves the parents. Sometimes a Ukrainian-born mother cannot adapt to her new life abroad and returns to the safety of her native Ukraine, taking along her child without the father’s consent. Or a divorce has gone wrong, and the mother takes the child back to Ukraine despite a court order that allows the father visitation rights. In any case, domestic child kidnapping is a fairly common event that carries criminal consequences for the offending parent.

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Family law

Establishing Paternity

“Paternity acknowledgement” is a voluntary process when an unwed father becomes legally recognized as the biological father for child support purposes. This acknowledgement does not establish a legal, court-recognized paternity, unless it is then taken to the Rayon level. Once the Rayon court recognizes the paternity, the father then has legal, enforceable visitation rights, and, of course, the financial support responsibilities as well.

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Family law

Divorce

Whether you are legally separating or filing for divorce, it is extremely important that you don’t allow your emotions to get the best of you, especially if child custody or property separation are a part of your problem. First and foremost, you should consult a family law specialist.

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Family law

Pre-nuptial Agreements

It seems wrong to contemplate the ugliness of divorce, and often devastating consequences, during the honeymoon season. For that reason, many otherwise intelligent and rational couples ignore the risk of their split-up sometime in the future. Indeed, there are always significant, long-lasting consequences resulting from termination of marriage, including separation of joint property, custody and visitation rights, payments of alimony and child support, just to name a few.

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Family law

Surrogacy in Ukraine

With each year, surrogacy is increasingly more commonly used by couples to resolve problems arising from reproductive dysfunctions of different types, which lead to impossibility to conceive and give birth to a child in a natural way. It is not surprising that in today’s day and age, progressive parents turn to science to help them build a family. Fortunately, Ukraine is a very liberal country in this regard. Below we analyze the current situation with surrogacy in Ukraine from both practical and legal viewpoints.

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Family law

Adoption

The international adoption process in Ukraine is quite a bit different from that of other countries. First, Ukrainian law does not allow pre-identification of children for international adoption. In other words, unlike other countries, you will not receive a child referral before traveling. Instead, you will be invited to travel to Ukraine after your dossier and paperwork have been received and processed. Once in Ukraine, you will be shown several children to choose which child to adopt.

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Family law

Common-Law Marriages

What about a couple who lives together as husband and wife, but does not have the marriage registration? What kind of property rights and obligations do they have without the marriage certificate?

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