Marital and family affairs

The attorneys of "Monarch Business Consulting" company provide professional legal assistance and skillfully protect the rights and interests of citizens and foreigners in a wide range of family matters. Most often, individuals seek us out as professionals when they need:

• To quickly dissolve a marriage or get a divorce from a foreigner;
• To divide jointly acquired marital property;
• Assistance in enforcing alimony, as well as recovering additional expenses for the child from the father or mother;
• To legally challenge, establish maternity or paternity in a court procedure;
• To legally formalize actions related to a prenuptial agreement, create, modify, or dissolve such an agreement in court;
• To assist and legally accompany individuals during the adoption process;
• To address the court regarding determining the child's place of residence and establishing the order of participation in raising children. To establish a visitation schedule through legal proceedings;
• To initiate the procedure of depriving parental or maternal rights, as well as to receive legal assistance during the court process.

Yes! Our legal firm's attorneys do not require our clients to feel discomfort or nervous stress every time during the process of resolving a family dispute until a final decision is made in your case.

Property acquired during the marriage, regardless of whether one of the spouses didn't have substantial reasons for independent earning. Such substantial reasons could include, for example, education, managing the household, childcare, illness, and so on.

Both the wife and the husband have equal rights to ownership, use, and disposal of this property unless otherwise agreed upon between them.

The property that belongs to the couple as joint marital ownership includes: 

• Property acquired during the marriage (excluding personal use items);
• Incomes earned by each of the spouses (wages, pensions, scholarships, etc.);
• Items acquired for one of the spouses for professional activities (musical instruments, medical equipment, office equipment, etc.).

If the value of the wife's or husband's property significantly increased during the marriage due to joint labor or financial investments or contributions from the other spouse, or if one of the spouses participated through their work or funds in maintaining, managing, or caring for the property, then such property or income derived from it can, in case of a dispute, be recognized by a court decision as objects of joint marital ownership.

Please note! If a man and a woman live together as a family but are not in a legal marriage, the property acquired by them during their cohabitation belongs to them as joint ownership unless otherwise established by a written agreement between them.

According to the current legislation of Ukraine, it is defined that the personal private ownership of the wife or husband includes:

• Property acquired before the marriage;
• Property acquired during the marriage based on a gift agreement or by inheritance;
• Property acquired during the marriage using her or his personal funds;
• Housing acquired during the marriage through privatization;
• Land plot acquired during the marriage through privatization;
• Items for individual use, including valuables, even if they were purchased using the couple's joint funds;
• Prizes, awards received for personal merits (the court may recognize the other spouse's right to a share of these prizes or awards if it is established that their actions contributed to obtaining them);
• Compensation received for the loss (damage) of property that belonged to her or him, as well as compensation for moral damage inflicted;
• Insurance payouts from mandatory or voluntary personal insurance, if insurance premiums were paid from funds that were the personal private ownership of each spouse;
• Property acquired during their separate living due to the actual termination of marital relations (by court decision);
• If, in addition to joint funds, separate funds of one of the spouses were invested in the acquisition of property, the share in this property corresponding to the size of the contribution is their personal private ownership;
• If an item owned by one of the spouses bears fruit, offspring, or income (dividends), they are the owner of these fruits, offspring, or income (dividends).

The judge, according to the court to which the claim for property division, which is joint partial ownership of the spouses, has been submitted, highlights the demands specified in the claim or at their own discretion, in certain circumstances, makes a decision to award certain property to either the husband or the wife as follows:

•  Indivisible items are awarded to one of the spouses unless otherwise agreed between them.
• Items used for professional activities are awarded to the spouse who used them in their professional work. The value of these items is taken into account when awarding other property to the other spouse.
• Awarding one of the spouses a monetary compensation instead of their share in the joint partial ownership of property, including residential buildings, apartments, or land, is allowed only with their consent and upon the prior deposit of a corresponding amount by the other spouse into the court's deposit account.
•  If neither spouse takes such actions and the indivisible items cannot be physically divided between them, the court acknowledges the ideal shares of the spouses in this property without its actual division and leaves the property under their joint partial ownership.

Additionally, by the court's decision, the share of property of the wife or husband may be increased if they live with children, as well as disabled adult sons or daughters, provided that the amount of alimony they receive is insufficient to ensure their physical, spiritual development, and medical treatment.