Settlement agreement for divorce

Мировое соглашение при разводе

Family lawyer in Ukraine
Skryabin Alexey Nikolaevich
Skryabin Alexey Nikolaevich
Doctor of Law
Hello! In this article, I will tell you about what a settlement agreement is in a divorce proceeding, how to conclude it correctly and show a sample of such an agreement.

Settlement agreement for divorce in Ukraine

As part of the divorce proceedings in court, the spouses can resolve disputed issues and come to a compromise on them by concluding a settlement agreement. Its subject may be issues previously unresolved by the husband and wife regarding the general consent to divorce, the place of residence and the procedure for raising common children, the division of common property, as well as the procedure and amount of payment of maintenance.

After the conclusion of such an agreement, the parties submit it to the approval of the court, which checks its content for legality. If the document complies with all requirements, the court adopts a ruling on the approval of the said agreement, after which the divorce proceedings are terminated, and the parties lose the right to re-examine the settled issues in court.

Conclude a settlement agreement between spouses in case of divorce through a court in Ukraine

An amicable agreement concluded between spouses is considered to be an act signed as part of a trial, by which the parties terminate the dispute between them and eliminate the uncertainty of their legal relationship by providing mutual concessions. The right to conclude a settlement agreement is granted to the parties in accordance with the Civil Procedure Code of Ukraine, as well as the Family Code of Ukraine.

The settlement agreement is a kind of compromise reached by the spouses in resolving disputes in court, and not the satisfaction of the claims of one of them.

Based on the provisions, the subject of a settlement agreement during the divorce proceedings in court may be the following questions:

  • on divorce;
  • on the place of residence of a minor common child;
  • about who the parent will pay child support and in what amount;
  • on the division of jointly acquired property;
  • on receiving maintenance from a former spouse, etc.

Agreement between spouses upon dissolution of marriage through a court in Ukraine

The issue of divorce is considered in court in the following cases:

  • when the spouses have minor children;
  • when the second man does not have consent to divorce or has other objections;
  • when one of the spouses evades the dissolution of the marriage in the registry office, even though he does not have any objections.

If at the time of filing the claim, one of the spouses expressed his disagreement with the divorce, and changed his mind during the trial, then the general consent to the dissolution of the marriage may become the subject of the Settlement Agreement concluded by the spouses.

Agreement on determining the place of residence of a child in Ukraine

An amicable agreement may resolve the issue of determining the place of residence of the child and the conditions of his mutual parental maintenance, as well as the payment of alimony.

Decisions made by parents on issues of residence and maintenance of the child must be in the interests of the child, otherwise the court must reject the transaction and resolve these issues on its own.

So, if the parties have reached a compromise on these issues, then regulatory information should be included in the settlement agreement:

  • place of residence of the child with one parent, indicating the full address of residence;
  • the procedure for resolving issues of upbringing, education, treatment and rehabilitation of the child;
  • the procedure for paying child support by one of the parents, indicating the deadlines and amounts for their payment, as well as the sources from which they will be paid;
  • the procedure for visiting and meeting the child with parents living separately;
  • issues of joint recreation, holidays and so on.

Agreement on the division of common property of spouses in Ukraine

The division of jointly acquired property may also be the subject of a settlement agreement concluded by the spouses upon divorce. When signing it, the spouses must take into account that:

  1. As a general rule, the shares of spouses in common property are considered equal. However, by agreement, the spouses can determine any particle size, deviating from the generally accepted principle of their equality.
  2. The parties can determine not only parts of the property, but also make a division of the jointly acquired property, indicating to whom and what property is transferred, who receives compensation, in what amounts, and in what order it is paid
  3. An amicable agreement on the division of property cannot concern the interests of third parties (for example, creditors). If it affects the rights of third parties, then the court has the right to separate this requirement into a separate proceeding.

Example

Because D&P had two minor children, their divorce had to go through the courts. Simultaneously with the demand for a divorce, P demanded that the division of the jointly acquired property be carried out and, in the interests of the children, deviate from the equality of shares in the property and award him a large part of the common property.

However, in the process of negotiations with her husband, they came to a compromise on controversial issues and concluded a settlement agreement, which they presented to the court. It established that the division of property between K and P was carried out in equal shares. Since the agreement did not contradict, the court approved it and dismissed the case.

The procedure for concluding a settlement agreement in case of divorce by a court in Ukraine

The conclusion of a settlement agreement is allowed at any stage of the divorce process – from the moment the statement of claim is filed until the judge is removed to the deliberation room. By this time, the parties must submit the concluded agreement to the court for consideration.

In any case, the transaction is drawn up in several copies – one for each of the parties to the transaction, as well as for the court.

When concluding such a document, spouses are recommended to follow the following procedure and recommendations:

Negotiation and document preparation. Before concluding a “settlement agreement”, the spouses negotiate each of the disputed terms on which they plan to come to a compromise.

To increase productivity, it is recommended to use legal advisory services and lawyers. The preparation of the text of the document for the most competent compilation should also be entrusted to a lawyer.

Presentation of the settlement agreement to the court. In order to involve the settlement agreement in the case, the parties must file a petition for its approval. After that, the court checks its content for disputes with the current legislation, as well as for affecting the interests of third parties. In the presence of such conditions, the court returns the document for revision to the parties.

Approval of the settlement agreement. After checking the content of the document for inconsistencies, the court adopts a ruling that approves the Settlement Agreement and at the same time terminates the proceedings. It must contain the terms of the document approved by the court. Such a ruling may be appealed to the appellate instance within 30 days from the date of its adoption by filing an appeal.

Sample Settlement Agreement on Divorce in Ukraine

The settlement agreement must be in writing. At the same time, any specific requirements for its content, except for an approximate list of issues considered in it, are not provided for by law.

Based on this, the settlement agreement is drawn up in an arbitrary form, but this in no way detracts from the requirements for its legal literacy.

Judicial divorce practice makes it possible to highlight the aspects and conditions from which it is necessary to build on when drawing up an amicable agreement in a divorce, and therefore the document should include:

  • name and address of the court, full name of the judge, personal data of the plaintiff and defendant, as well as the number of the case that is being processed by the said judge;
  • an indication of the conclusion of an agreement by common consent with the aim of ending the dispute on conditions determined by the parties;
  • the place of residence of a common minor child, if any, with one of the spouses, the conditions of maintenance, upbringing and visiting the child;
  • determination of the amount and procedure for the execution of maintenance obligations;
  • conditions for the division of jointly acquired property;
  • the procedure for the distribution of legal costs in shares or a fixed amount;
  • consequences of refusal to voluntarily execute the document;
  • number of copies and documents attached to the agreement.

The document is fixed by the signatures of the parties, after which it is subject to approval by the judge.

Termination of the divorce process by the court upon approval of the settlement agreement in Ukraine

After checking the content of the submitted draft document for its compliance, the court issues a ruling, which approves the Settlement Agreement. By issuing the said ruling, the court simultaneously terminates the proceedings on the divorce case.

The ruling must indicate that re-appeal to the court by the same parties in the same dispute on the same subject and on the same grounds is unacceptable. Thus, if the agreement is approved and the relevant definition is adopted, the divorce process is finally terminated.

In the case of an unapproved transaction due to its inconsistency, the court adopts an appropriate ruling on this, after which it continues to consider the divorce case on the merits.

Questions from our readers and answers from a consultant in Ukraine

Within what period and where can one appeal the decision to refuse to approve the settlement agreement?

According to the current legislation of Ukraine, the appeal of the rulings is carried out by the participants in the case to the court of appeal, by filing an appeal through the court of first instance. Such a complaint may be filed within 30 days of the adoption of the ruling.

Is a settlement agreement on the payment of alimony, concluded in court, subject to notarization?

No, an agreement on the payment of alimony, drawn up outside the framework of the trial, is subject to notarization. The settlement agreement is drawn up exclusively within the framework of the trial. The court independently checks its legality, after which it is approved.

Conclusion

The right of spouses to conclude a Settlement Agreement within the framework of the divorce process allows them to resolve all disputes amicably. At the same time, the role of the court is reduced to the approval of the drawn up document, which also provides for verification of its legality, observance of the interests of a minor child and third parties. Only if all these conditions are met, the agreement is attached to the case and becomes the basis for closing the proceedings, otherwise the court is obliged to resolve all disputed issues on its own.

Also useful information on the site “Divorce Online” of the family lawyer Skryabin Aleksey Nikolaevich for you may be: sharing an apartment during a divorce with a child, communicating with a child after a divorce, amicable agreement on children in court, divorce lawyer, divorce without the presence of spouses, how much does it cost divorce in 2022, turnkey divorce, international divorce lawyer, divorce abroad, divorce in another city.

Services of a family law lawyer in Ukraine

  • A family lawyer will provide you with legal advice and help you draw up all the necessary documents for a settlement agreement in a divorce.
  • We are responsible for the quality of legal services and guarantee a positive result.
  • With the help of a family lawyer or lawyer, your divorce settlement case will be resolved more professionally and quickly.
  • By contacting us, you are guaranteed to receive professional legal assistance under a settlement agreement in case of divorce.

Take the first step towards your victory in a divorce settlement legal case, call or write to a lawyer and you will receive answers to all your questions.

Family lawyer in Ukraine
Scriabina Daria Sergeevna
Scriabina Daria Sergeevna
PhD in Law
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