Civil code on divorce

Гражданский кодекс о разводе

 

Family lawyer in Ukraine
Skryabin Alexey Nikolaevich
Skryabin Alexey Nikolaevich
Doctor of Law
Hello! In this article I will tell you about what the Civil Code of Ukraine says about divorce.

Civil Code on Divorce in Ukraine

The Civil Code of Ukraine is included in the system of domestic normative legal acts regulating family relations in general (the process of divorce in particular). Obviously, the Civil Code is not the main such normative act, but its norms are the basis for the provisions of the Family Code, which directly regulate the divorce process.

  • The Civil Code defines the legal status of spouses, establishing a direct relationship between the legal and legal capacity of individuals and their ability to marry.
  • The Civil Code defines the basic principles on which the division of property of spouses is carried out – equality of shares allocated to them, property not subject to division, etc.

The methods and conditions of execution, conclusion and termination of agreements on the payment of alimony and on the distribution of property also deserve special attention. Since they are bilateral agreements, these methods and conditions are governed by the provisions of the Civil Code.

As you know, the conclusion of an officially registered marriage between individuals is a right establishing fact. From the moment of its actual registration, each of the spouses equally becomes the owner of the relevant rights and obligations established by family law.

The emergence of the rights and obligations of spouses in individuals is allowed from the moment they reach the age of marriage, which in general cases is 18 years, and in exceptional cases – by a court decision.

The definition by the legislator of just such an age as the main condition for the possibility of marriage is not accidental – in this matter, the provisions of family law are referred to the Civil Code, which defines the main aspects of the legal status of spouses:

  • The possibility of the emergence of marital rights and obligations for individuals is due to their civil capacity. Only upon reaching the age of majority, individuals can acquire rights and obligations, including marital ones, by their actions.
  • In cases where the law allows marriage before the age of majority, an individual acquires legal capacity from the moment of marriage. It should be understood that the emergence of legal capacity in full from the moment of marriage allows the emergence of not only marital, but also any other rights and obligations regulated by the Civil Code.
  • The Civil Code of Ukraine also regulates the issues of the legal capacity of individuals – the ability to have any rights and perform any duties. This ability arises in people from the moment of birth and ends with the moment of death. Since spouses are natural persons, their ability to have marital rights and perform duties is directly related to their civil legal capacity.

Property of spouses in case of divorce under the Civil Code in Ukraine

The provisions of the Family Code of Ukraine determine the legal regime of the property of the spouses acquired by them during their stay in marriage, according to which they are their common joint property. According to the norms of the Family Code, such common property should be considered all income received by such spouses, as well as movable and immovable things acquired with these incomes.

In case of divorce, the spouses have the right to the division of jointly acquired property, which is carried out voluntarily or judicially.

The norms on the basis of which the division of property is carried out during a divorce, established by the Family Code, however, the basic principles for conducting this procedure are undoubtedly taken from civil law. In particular, the Civil Code of Ukraine establishes:

  1. What property is the property of each of the spouses and is not subject to distribution upon divorce. Such property is that acquired before the registration of marriage, received by the husband as a gift and by inheritance, as well as personal items (clothes, shoes, hygiene items, underwear, etc.) and the exclusive right to the result of intellectual activity.
  2. The principle by which the property of each of the spouses can be recognized as common property – in cases where an investment has been made in a thing at the expense of the common property or personal property of the second spouse, significantly increases its value (repair, restoration, modernization).
  3. The principle of equality of the shares of spouses in their common property, subject to compliance with the division of common property.
  4. The need for monetary compensation for losses, in case of discrepancy between the allocated property and its share in the division of common property.

Limitation period for divorce under the Civil Code in Ukraine

The limitation period is the period established by law, during which a person can defend his violated right in court. Regarding the dissolution of marriage, the limitation period establishes the period during which the former spouses can protect their violated rights arising from family relations.

The statute of limitations established by civil law does not apply to any claims arising from family relations. The exceptions are the terms for the protection of violated rights, established by the Family Code of Ukraine itself.

When conducting a divorce procedure, it is advisable to know the statute of limitations regarding the requirements for:

  • Division of joint property. The specified period is 3 years. However, its beginning does not begin from the moment the divorce is registered, but from the moment when one of the spouses became aware of the violation of his property rights.
  • Recovery of alimony for the maintenance of a minor child. Deadlines for applying to the court, according to which one of the spouses can apply for them, regardless of the period that has passed since the right to alimony arose. Thus, the statute of limitations is the entire period, from the moment the right to them arises, until the moment the right is annulled (reaching the age of majority, graduation, etc.).
  • Recovery of alimony for a former spouse in need of such assistance. The term will last for as long as such right is in effect. The former spouse has the right to file a claim with the tribunal during pregnancy and before leaving the decree, the disabled spouse – during the period of disability, etc., provided that the second spouse has the means, in other words, the ability to pay alimony.

Also, useful information on the website “Divorce Online” of the family lawyer Alexei Nikolaevich Skryabin may be for you: divorce without the presence of spouses, how much does a divorce cost in 2022, turnkey divorce, international divorce lawyer, divorce abroad, divorce in another city, divorce without documents, the cost of services in case of divorce.

Conclusion of transactions in case of divorce in Ukraine (Civil Code)

As you know, during the divorce procedure, family law gives former spouses the opportunity to resolve property issues by concluding agreements, in particular, on the division of property, as well as on the payment of alimony.

Since these agreements are agreements, they are subject to the rules of civil law on the conclusion, execution, execution and termination of agreements.

Obligations of spouses upon divorce in Ukraine (Civil Code)

The mode of fulfillment of the property obligations of the spouses during a divorce depends on the nature of such an obligation itself. So, if there is an obligation of one of the spouses, then the recovery can only be applied to the personal property of such a spouse. In case of divorce and subsequent division of property, the debts of one of the spouses cannot be distributed between both of them.

At the same time, if there are common debts at the time of the dissolution of the marriage and the division of common property, such debts are distributed between the spouses in proportion to the shares they received in the common property.

Let us single out the main aspects of the distribution of the following total debts:

  • the price and volume of the property transferred to each of the spouses must be taken into account when distributing debts in equal proportions;
  • when distributing property obligations between spouses, the court must take into account the opinion of the creditor;
  • when dividing property, the common obligations of the former spouses may not be divided equally, but counted by providing one of the spouses with a larger share of the common property;
  • spouses’ property obligations may arise under loan agreements, sales contracts, loans, etc. If the property received for them falls into common ownership, such an obligation can be considered common to the spouses.

Example

As part of the divorce proceedings between citizen C and citizen M, the court, at the request of C, divides the property jointly acquired by the spouses. It also includes an apartment, issued on M and bought by him with funds taken from the bank under a loan agreement. So the court determined the shares of each of the spouses in the ownership of the apartment as equal.

However, given that M has not yet paid the entire loan amount for this apartment, given that the apartment is considered the common property of the spouses, then the debt for it should be considered common. Thus, the court divided part of M’s debt between both spouses.

Answers of a lawyer about divorce under the Civil Code

What is the statute of limitations for child support claims?

An individual who has the right to receive alimony can apply to the court for their recovery from a former spouse, regardless of the period that has elapsed from the moment the right to them arose. Thus, the statute of limitations for child support is the entire period for which you are entitled to it.

Conclusion

Of course, the norms of the Civil Code are not the main legal act regulating the divorce process. However, establishing the basic principles and procedures for conducting accompanying divorce procedures aimed, in particular, at protecting the property interests of spouses, the norms of the Civil Code of Ukraine are undoubtedly the basis and primary support for the norms of domestic family law.

Family Lawyer
Scriabina Daria Sergeevna
Scriabina Daria Sergeevna
PhD in Law
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Useful site materials rozluchennya-onlain.com.ua:

  1. Family code on divorce
  2. About acts of civil status in case of divorce
  3. divorce laws
  4. Marriage with minors
  5. Grounds for declaring a marriage invalid
  6. Divorce with a foreigner without his presence
  7. Certificate of divorce by court order
  8. Registration of divorce
  9. Replacing documents when changing a surname after a divorce
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