Property division agreement

Property division agreement in Ukraine

The best way to determine how the right to this or that property will be delineated after a divorce is the conclusion of the spouses about the addition of an agreement on the division of property. Moreover, the type of contract under consideration can be concluded at any time, and this is its indisputable advantage. Reaching an agreement on this issue can take place both during the marriage union and after the divorce.

To conclude such an agreement, it is quite enough to clearly and understandably state in writing the essence of the distribution of property (so that, if necessary, the intentions of the parties are clear to the courts) and sign it with signatures indicating the date of signing. From this moment on, the agreement on the division of property is in force.

Remember that the statute of limitations under civil law is three years, and therefore, after a divorce, it is advisable to conclude an agreement on the division of property during this time period. This is important because in the event of a disagreement, each of the parties should have the opportunity to apply to the judicial authorities for a resolution of the dispute, and this can be done only within three years after the official termination of the family relationship.

Keep in mind that the described type of contract (agreement) cannot be replaced by receipts, checks, receipts and other documents by which it is impossible to determine the true will of the parties.

If you want to draw up such an agreement on the division of property, you should contact a family lawyer who will assist in the proper preparation of the document.

You need to contact a notary to certify the transaction in Ukraine

Sometimes, for greater confidence in the legal force, an agreement on the division of jointly acquired property can be certified by a notary. However, in order for this document to be recognized as valid, the law does not require mandatory notarization.

Experts, meanwhile, advise in all cases of division of property to contact a notary in order to avoid serious problems in case of disagreement. The advantages of contacting a notary are as follows:

• having experience in legal work, the notary will be able to check the correctness of your document;
• a notary can help you draw up this document, accurately reflecting your intentions on the paper;
• notarization is a guarantee that disputes about the authenticity of the document and the expression of the actual will of the parties in it will not arise.

Also useful information on the website “Divorce Online” of the family lawyer Alexei Nikolayevich Scriabin for you may be: the division of the common property of the spouses, the procedure and methods for the division of property. division of property during marriage, division of property in a civil marriage, division of various types of property, division of housing in case of divorce, property valuation, agreement on division of property, statement of claim on division of property of spouses, marriage contract.

Differences between an agreement on the division of property from an amicable agreement in Ukraine

The settlement agreement differs as follows:

1. is a judicial document, since it is part of a judicial proceeding;
2. has the force of a court decision, allows you to receive a writ of execution for it to apply to the bodies of the state executive service;
3. when determining its conditions, one must not go beyond the first presented claims

Differences between an agreement on the division of property from a marriage contract in Ukraine

An agreement on the delimitation of rights to property differs from a marriage contract in the following:

• a marriage contract is concluded before or during marriage and must be certified by a notary, it can determine the fate of not only the existing property, but also the one that may appear in the future
• The division agreement is signed either in marriage or after a divorce, certified by a notary at will, and also determines the fate of only the property that actually is.

In addition, a marriage contract concluded before the registration of family relations comes into force precisely from the moment of registration of the marriage. An agreement on the division of property comes into force from the moment of signing (or notarization).

Content of the property division agreement in Ukraine

An agreement on the delimitation of rights to existing jointly acquired benefits should represent the real intentions of the parties to dispose of what belongs to them.

This can be real estate (including commercial), vehicles, land plots, summer cottages, garages, savings, securities, jewelry, household appliances and other things.

The agreement should determine the ownership of the husband or wife to certain things, or shares in the property. A sample agreement on the division of property can be found on our website.

Useful site materials rozluchennya-onlain.com.ua:

1. Marriage contract
2. Statement of Claim on Division of Spouses’ Property
3. Property appraisal
4. Separation of housing in case of divorce
5. Separation of different types of property
6. Division of property in a civil marriage
7. Division of property during marriage
8. Procedure and methods of division of property
9. Division of the common property of spouses
10. Common and personal property of spouses
11. Legal regime of spouses’ property
12. Family Code on Division of Property
13. Division of property of spouses