- Divorce
- Division of Marital Property
- Alimony Recovery
- Termination of Parental Rights
- Establishing Paternity
- Marriage with a Foreigner
- Prenuptial Agreement
- Determination of Child’s Residence
- Establishing the Fact of Civil Marriage
Divorce
Divorce is not an easy decision morally, and it is quite difficult legally. Only families without children and property claims can avoid judicial intervention. All others will have to go through the entire process with its complexities.
How to File for Divorce
If a compromise cannot be reached, one party has the right to go to court and state their desire to officially divorce and present financial claims. It should be noted that there are a number of circumstances under which a divorce will not be granted, such as in the case of the wife’s pregnancy, although there are exceptions. There are also special procedures for couples with common children.
Divorce with a foreigner follows the same algorithm as for couples with the same citizenship, with some amendments in favor of the foreigner.
To start the divorce process and file for divorce in Ukraine, many documents need to be prepared, and most importantly, they must be correctly formatted. The correctness of the prepared documents largely determines the outcome of the court session.
Division of Property
When newlyweds step into family life, few think about the possibility that happiness may not be eternal and the family may break up in the future. Upon reaching a divorce, many couples face the acute issue of property division.
The division of marital property is a complex process related to property rights. In Ukraine, the division of property involves not only furniture, spoons, and forks but also business, movable and immovable property, as well as debt obligations.
Of course, property division after divorce is possible without judicial intervention. You can independently assess the property and divide it into equal parts (or one pays half the value to the other). When dividing property during divorce in the presence of children, Ukraine sets stricter boundaries because whatever the parents decide, the child’s rights cannot be infringed.
Official consideration and division of property should be conducted with the support of an experienced lawyer, as delegating authority over the situation to state bodies may not always be in your favor.
Alimony Recovery
Sometimes family couples divorce, and this can be a mutual or unilateral decision, but this outcome of family life should not affect the child’s well-being.
In legal practice, unfortunately, there are cases where alimony for child support cannot be collected without a court process.
Alimony Recovery: Calculation Algorithm
When calculating the amount of payments, the defendant’s income and the number of children are taken into account. Thus, the defendant must pay 25% of their official income for one child, a third of their income for two, and at least half of their income for three children.
Ukrainian legislation also considers alimony recovery from unemployed citizens. In this case, the payment amount is determined as 30% of the subsistence minimum. Additionally, it is worth knowing that alimony can be collected not only in the form of money but also as property.
Alimony Recovery
Alimony recovery requires diligent work on the evidence base to justify the amount and necessity of the recoveries. You need to gather a complete set of documents, including income certificates, family composition certificates, property ownership certificates, and so on. A qualified specialist will help you not only collect the necessary documents but also format them correctly.
Termination of Parental Rights
Family law occupies an important place in the legal system of any state. In particular, it helps regulate the upbringing of the new generation. Termination of parental rights is an extreme measure applied in family law when there are objectively no opportunities for the parent to properly participate in the upbringing and development of the child. This procedure is implemented exclusively within the framework of a court hearing.
To implement the termination of a man’s parental rights, a legal application is filed by the child’s official representative (guardian, prosecutor, the other parent, etc.). Grounds for this court hearing can include refusal to pay alimony, resulting in termination of parental rights for non-payment of alimony. This process is also implemented if the father does not want to give written consent for the child to travel abroad. There are more serious arguments that lead the representative to court.
Termination of Parental Rights: Evidence Base
Based on the plaintiff’s application, a court hearing is conducted. To achieve the desired result, significant arguments are necessary:
- Dependency on alcohol or drugs
- Cruel treatment of the child
- Violent exploitation
- Non-participation in the child’s upbringing.
For any case, it is necessary to provide evidence of the accusations. At this stage, professional legal assistance is required. A lawyer will explain how to terminate the ex-husband’s parental rights, or terminate the father’s parental rights without his presence, and help implement your claim.
Establishing Paternity
Unfortunately, situations arise in life where it is necessary to prove paternity. This can be due to doubts about the wife’s fidelity or intentional evasion of responsibility by the alleged father. As a result, such debates reach a court process.
It is worth noting that during the court process, paternity is proven by various methods, with DNA analysis being only one of them. Since the evidence base must consist of a comprehensive set of justifications, legal assistance is needed. A professional lawyer will help gather evidence and represent your interests in court. It is worth noting that the defendant, as well as the plaintiff, can be an adult child, and the mother’s consent is not required for this.
There is also the concept of “voluntary establishment of paternity in Ukraine.” This process is initiated when the plaintiff himself wants to establish a parental relationship. In this type of case, resistance from the defendant is often not observed, and the process is much faster and less painful.
If you face such a necessity, it is worth seeking professional legal assistance, as whatever path the court process takes, this process is complex and exhausting.
Marriage with a Foreigner
International acquaintances have become common in the modern world, as love knows no territorial boundaries and does not care about nationality differences. However, for family happiness, love alone is not enough, and in modern society, it is worth thinking about your moral and material security when entering into such serious relationships. If you are marrying a foreigner, contact our professional advocates.
Whichever country you choose for marrying a foreigner (your native country or the country of residence of your future spouse), there are legal peculiarities in the registration process. We will help you understand them and gather the necessary set of documents so that your happiest day is not overshadowed by paperwork.
Registering a marriage with a foreigner obliges you to:
- Understand all the legal nuances of both countries in case of a divorce process
- Draft a competent prenuptial agreement that takes into account the interests of both parties
- Study the nuances of property division.
We wish you boundless family happiness, but we advise you to remember that sometimes life is unpredictable, and it is better to prepare yourself not only morally but also legally.
Prenuptial Agreement
A prenuptial agreement helps each party who decides to start a family to secure themselves and their property in case of a divorce. This practice has long been natural worldwide. A couple deciding to tie the knot should understand not only the moral responsibility to each other but also the material one. In the prenuptial agreement, you can specify not only the allocation and preservation of property to avoid property division during a divorce but also:
- Your responsibilities in the marriage
- The consequences for certain actions that one spouse will bear if the terms of the agreement are violated
- The division of parental property responsibilities.
A quality legal consultation will help you understand all the nuances of drafting the agreement and correctly express your wishes in the process. You should remember that drafting a prenuptial agreement is intended to protect your rights and it cannot limit the child’s rights. While feeling the most sincere love, it is worth remembering your independence and safety, and do not be afraid to talk to your significant other about the desire to draft a prenuptial agreement, as this practice is a step forward in modern society.
Determination of Child’s Residence
The divorce process is always a difficult procedure, both morally and legally. Of course, many issues can be resolved peacefully. When this is not possible, the divorce must be conducted through the court.
When determining the child’s residence after the divorce process, the court considers many aspects. Since this issue is of utmost importance, the court considers every nuance, not only material but also moral. To present your position when determining the child’s residence, it is worth seeking the help of professional lawyers who will not only build a clear line of argument but also present it in court. We will define your personal qualities, competently outline your living conditions, gather the necessary set of legal and financial documents, and, of course, format everything properly, leaving the opponent no chance to settle the issue with their demands at the forefront.
Do not face such a complex process as divorce and children in it alone. We understand your position and will support you in the most challenging situations. You can also seek help to conduct the division of marital property.
Establishing the Fact of Cohabitation
If you and your partner have decided not to formalize your relationship, it does not mean you have no legal rights. A civil marriage, like a legal one, involves the acquisition of joint property and the same procedure for its division in case of a breakup.
The process of property division (as proof of inheritance rights) is complicated by the procedure of proving the couple’s cohabitation and joint participation in acquiring this or that property. However, a professional lawyer will help you understand all the intricacies of the process.
Property division is a delicate process where words alone are not enough. You will have to prove not only cohabitation but also participation in acquiring the property. A quality set of evidence has many points, which are difficult to understand on your own. It is even more challenging to format everything properly and defend your right in court independently.
We will help gather the evidence base, properly format the documents, prepare the lawsuit, and represent your interests in court. Our cooperation will begin with a thorough analysis and consultation, during which you will know exactly what you will receive as a result of the hearings. Do not be afraid to defend your rights and protect your property.