Division of property (equitable distribution)

We provide our Clients with professional legal assistance resolving any legal disputes over the division of property after separation.

It’s worth remembering that division of property during divorce does not necessarily mean a long and boring procedure. A qualified lawyer can properly formalize your interests and achieve the desired result.

Things to consider when dividing marital property

We can name 2 mechanisms of dispute resolution on division of property in divorce:

• Though mediation (out-of-court settlement);
• Through court procedures.

• Property acquired by spouses in marriage is the joint property of the wife and husband, regardless of whether any of them had or didn’t have independent earnings for valid reasons;
• The division of property acquired by the spouses during the marriage shall be divided equally between the two spouses;
• If one of the spouses participated by own labor and (or) money in the maintenance, management and or care for the property belonging to the other spouse, the income (breed, dividends) received from this property, may be recognized as the object of the spouse’s right to joint marital property, as decided by the court in case of post-divorce property dispute;
• The situation may be complicated when a man and a woman lived in a civil marriage, i.e. they were not legally married.

Dividing jointly acquired property after (during) divorce between spouses

In most cases, the joint property of the spouses (Ukraine), for example, an apartment or real estate, are subject to equitable division by a judge in court. Although this issue can be solved through mediation.

Of course, this procedure is emotionally and psychologically difficult. Moreover, it is often difficult to tell about your personal relations to a third party, an unknown person.

On the other hand, an unbiased view of an another person who is not involved in an emotional relationship with any of the parties is sometimes the only way to solve a painful problem with minimum nerves and emotional expenses.

First steps in the property settlement after a divorce

Since we have passed this way with our Clients many times, we advise to start with the extrajudicial settlement of the property. 

The practice of mediation in Ukraine shows that 73% of disputes end with a successful settlement of the conflict through mediation. That is why we advise that you leave the “traditional” judicial settlement of the dispute as an emergency exit (for the remaining 27%). Why it may work:

• The experience of property litigation helps to clearly explain to the parties the most likely outcome of the litigation in their particular case, which in turn gives the participants of the mediation a chance to engage in a constructive dialogue;
• We involve the most experienced mediators in out-of-court settlements, which turn the theoretical advantages of mediation into practical benefits of the process.

It’s worth considering that the cost of the entire mediation process is significantly lower than a judicial division of property rights. In some cases we can conduct mediation for free, within the framework of the joint Pro Bono activities with our partners - Ukrainian Mediation Center at Kyiv Mohyla Business School and the Coalition for Mediation Development in Ukraine. So, you can contact us for a free mediation of your dispute.

All agreements will be executed in writing and certified by a notary, which will give them legal force.

Divorce is an unpleasant process. Think about getting through it with your head held high.

If you want to know the cost of our division of assets lawyer services, contact our specialists.