According to the Family Code of Ukraine, both parents (even if they live apart) are obliged to support a child until the age of 18. At the same time, maintenance is provided by the parent who does not live with the child and can be paid voluntarily or through a court order. However, many parents are unclear whether maintenance can be received when a child reaches adulthood and how to do so correctly.

When Can an Adult Child Receive Maintenance?

Article 199 of the Family Code stipulates that, in addition to the general rule of providing for a child until the age of 18, parents must also pay maintenance for an adult child who is studying at a higher education institution until the age of twenty-three. Several conditions must be met for this:

  • Admission to post-school education: This can be either a higher education institution or a secondary educational institution (such as a college). The main thing is to continue education after reaching adulthood.
  • Full-time (stational) form of study: According to established judicial practice, if a student studies part-time (correspondence course), it is considered that they have enough time to work and provide for themselves independently. Therefore, maintenance is received only by students studying full-time. If a child studied part-time but later transferred to full-time study, their right to maintenance is restored.
  • Under the age of 23: It is not necessary to start studying immediately after turning 18; maintenance can be obtained at any time up to the age of 23 upon admission to an educational institution. This right terminates either upon completion of studies or upon reaching the age of 23.
  • The parents’ actual financial ability to support the child.

As with regular maintenance, maintenance for an adult student can be paid voluntarily or recovered through a court and the Executive Service. For voluntary payment, it is sufficient for the parents to draw up an appropriate agreement (if one did not exist before), but recovery through court order deserves a more detailed look.

How to Recover Maintenance for the Education of an Adult Child in Court

The recovery of maintenance for an adult student is considered under civil proceedings. The judicial process is regulated by the Family, Civil, and Civil Procedure Codes of Ukraine, so independent recovery through court for an unprepared person is no easy task, but let us take it step by step.

Who Can Apply to Court?

Part 3 of Article 199 of the Family Code grants the right to apply to court for maintenance recovery to:

  • The parent with whom the child lives: The legislator establishes a presumption that the parent living with the child participates in their support in any case.
  • The child directly: Despite the presumption mentioned above, the Code formally does not prohibit a student from recovering maintenance from both parents, even if they live with them. However, it must be proven here that both the father and mother do not participate in support and have the financial ability to do so.

At the same time, it should be noted that maintenance for a student is paid directly to the child, rather than to a parent as in the case of underage children. Ideally, the person in whose interests the recovery is carried out should have a bank account in their name to receive maintenance via bank transfer.

What Documents Are Needed?

Judicial proceedings for maintenance recovery are regulated by the Civil Procedure Code of Ukraine and take place in the procedure of contentious (or simplified contentious) proceedings. The minimum package of documents to apply to court includes: the passport and RNOKPP (tax ID) of the applicant; a statement of claim drawn up in accordance with the requirements of Article 175 of the Civil Procedure Code; a document confirming the child’s studies (a certificate from the educational institution); and a document confirming the parent-child relationship between the student and the parent from whom funds are being recovered (e.g., a birth certificate).

If you demand maintenance payment via bank transfer, you must also provide bank details for the transfer of funds or contact a family lawyer in Kyiv. During the trial, other documents may be required as evidence of various circumstances invoked by the parties to the dispute.

What to Pay Attention to When Recovering Maintenance

Judicial proceedings for recovering maintenance for an adult child are relatively straightforward, but for a successful resolution, it is important to remember that:

  • The application must comply with the established form: Failure to comply with the requirements of Article 175 of the Civil Procedure Code will lead to a refusal to accept the claim or open proceedings, and the whole process will have to start over.
  • The burden of proving the parents’ solvency lies with the applicant: This means that the person who filed the claim must prove to the court that the defendant is genuinely able to pay the required amount. That is, the defendant’s official or unofficial income must be documented.
  • It is advisable to confirm the costs of the child’s education and maintenance: The court does not always focus solely on the student’s financial standing, but proven expenses will serve as an additional advantage. Receipts for tuition fees, purchase receipts, or bank statements can be considered as evidence.
  • The amount of maintenance is determined by the court at its discretion: As a rule, this is a percentage of the salary (usually 25%) or a fixed amount if the defendant does not have a stable source of income. The defendant’s solvency and the applicant’s actual expenses will be taken into account when determining the amount of maintenance.

Furthermore, issuing a court decision does not in itself guarantee the payment of maintenance. After obtaining a decision, in the event of a refusal of voluntary payment, the interested party must apply to the Executive Service for compulsory enforcement. We note that enforcement proceedings are legally complex, and without professional assistance, maintenance recovery can stretch out over time (and the right to receive maintenance will be lost at age 23 or upon completion of studies, regardless of whether money was paid by the parents).

Conclusions

The Family Code of Ukraine provides for the parents’ obligation to participate in supporting an adult child up to the age of 23 if they continue studying and the parents have the actual ability to provide such support. At the same time, maintenance for a student in Ukraine can be paid:

  • voluntarily;
  • compulsorily, through a court order.

The parent living with the child or the adult student directly can apply to court to recover maintenance. Such cases are considered by local courts in claim proceedings, and issuing a positive decision requires establishing a set of facts, the burden of proof for which rests precisely on the applicant. After receiving a decision, the applicant also needs to apply to the executive service to compulsorily recover the payment.

Given the complexities of legislative regulation, court proceedings, and enforcement, without professional legal support, examining the claim and recovering funds based on a court decision can drag on for a long time, effectively restricting the student’s right to receive maintenance. It is important to remember that regardless of when you applied to court or the executive service, the right to support terminates upon completion of studies or reaching the age of 23. Consulting a lawyer in Kyiv will help you obtain maintenance through the court more efficiently and quickly, thereby increasing the total amount of recovered financial assistance.

Frequently Asked Questions

Up to what age is maintenance paid for a child who is studying?

Maintenance for a child continuing their education is paid until the age of 23. This is stipulated by Article 199 of the Family Code of Ukraine, provided that the child studies full-time and the parents have the actual ability to support them.

Can maintenance be received after the age of 18?

Yes. If an adult child studies full-time at a university or college, they have the right to maintenance up to the age of 23. The right is retained even if studies did not start immediately after school — the main thing is to enrol before turning 23.

Who has the right to file for maintenance for an adult student?

The parent living with the child or the adult student themselves can apply to court. In the latter case, it must be proven that both parents do not participate in support and have the financial ability to do so.

Is maintenance paid if a student studies part-time?

No. According to judicial practice, maintenance is awarded only to full-time students — it is considered that a part-time student has time to work and support themselves. If a student transfers from part-time to full-time study, the right to maintenance is restored.

What is the amount of maintenance for an adult child?

The amount is determined by the court: usually 25% of the payer’s earnings or a fixed amount if the defendant has no stable income. The defendant’s solvency and the actual costs of the student’s education and maintenance are taken into account.

To whom is maintenance paid — to the parents or the child?

Funds are paid directly to the student, rather than to one of the parents (unlike maintenance for underage children). It is advisable for the recipient to have their own bank account for bank transfers.

What documents are needed to recover maintenance for a student?

Minimum package: the applicant’s passport and RNOKPP, a statement of claim under Article 175 of the Civil Procedure Code, a certificate from the educational institution, a birth certificate (proof of family ties), and bank details. Proof of the defendant’s income and educational expenses will be needed additionally.

Is maintenance awarded to an adult child automatically?

No. Maintenance for a student is not awarded automatically — it is arranged via a voluntary agreement between the parties or recovered through court in a claim proceeding.

What should I do if a parent does not pay maintenance according to a court decision?

You need to apply to the Executive Service for compulsory enforcement. Do not delay: the right to maintenance terminates upon completion of studies or reaching the age of 23 — regardless of whether funds were actually paid.

The war in Ukraine has presented entrepreneurs with complex challenges, forcing them to adapt to the new realities. Despite the difficulties, many companies not only continue to operate, but also find new opportunities for development. In this article, we will look at the key aspects of doing business during the war and give recommendations on how entrepreneurs should act in conditions of instability.

1. Legislative changes and new regulations

In the context of the war, the Ukrainian government has introduced a number of legislative changes aimed at supporting the economy and business. The main changes include:

  • Simplification of the tax system. A number of incentives for entrepreneurs have been introduced, including the possibility of switching to a simplified taxation system. This allows businesses to focus on operating activities, reducing the tax burden.

  • Moratorium on inspections. The government has temporarily restricted tax and other types of inspections, allowing businesses to focus on adapting to new conditions

  • Introduction of special economic zones. Special regimes providing tax breaks and other preferences for businesses have been introduced in the regions most affected by the war.

On 18 June 2024, the Verkhovna Rada adopted the Law of Ukraine ‘On Amendments to the Tax Code of Ukraine regarding the peculiarities of tax administration during martial law for taxpayers with a high level of voluntary compliance with tax legislation’, by which for legal entities and individuals-entrepreneurs p. par. 69.41.3. pts. 69.41. The Tax Code of Ukraine establishes such peculiarities of tax administration, in other words, a number of advantages, namely:

  • a moratorium on documentary audits (subject to certain exceptions)
  • reduced period of desk and documentary audits (5 and 10 working days, respectively);
  • provision of COE to the taxpayer within 15 calendar days, without extending the period of consideration of the application;
  • assigning a compliance manager to the taxpayer;
  • receipt by a taxpayer, upon request, within 5 days, of information on the availability of tax information that may indicate tax risks in the activities of such a taxpayer.

Law No. 3813-IX of 18.06.2024 defines a list of requirements that taxpayers – legal entities and physical persons – entrepreneurs must meet in order to be included in the List of taxpayers with a high level of voluntary compliance with tax legislation. It should be noted that inclusion in this List is possible only if the taxpayer meets all the requirements specified in par. 69.41.1 p.p. 69.41.1 of the TC of Ukraine.

As to simplification of conditions for business, the Verkhovna Rada of Ukraine supported in the second reading and as a whole Draft Law No. 7331 ‘On Amendments to Certain Laws of Ukraine Concerning Simplification of Conditions for Conducting Business Activities during the Period of Martial Law in Ukraine’, which transfers permits and licences to the declarative principle for the period of wartime, thus significantly simplifying business activities.

According to this draft law, during the period of martial law the declarative principle will apply to business entities whose activities require licences and permits. In terms of status, the declaration is equal to licences, permits and other results of public services and has a number of advantages, such as: the possibility of filing the declaration in any place regardless of the legal/actual address of the business; no need to change the information in the declaration and other permits during the period of martial law, etc.

2. Risk management and security

Doing business in times of war requires special attention to security and risk management. The main aspects to be addressed are:

  • Employee safety. Companies must provide their workers with a safe working environment, taking into account possible hazards. This may include evacuation to safe regions, provision of personal protective equipment and psychological support. Employers must also organise a process for employees to receive briefings and training on safety measures during air raids and first aid to victims of shelling. Managers of enterprises should provide workers with a workplace in a building with mandatory shelter, which, if possible, should be equipped to perform work in order to ensure continuous operation of the enterprise.

  • Asset protection. Businesses should take steps to protect their assets by, among other things, insuring property, providing physical security and utilising modern technology to monitor facilities remotely.

  • Financial risk management. Economic instability requires careful cash flow management, planning financial reserves and utilising instruments to hedge currency risks.

For proper risk management, businesses need to implement a risk management system at enterprises, which consists of building a strategy and making decisions to minimise losses that may arise due to the impact of negative and unpredictable circumstances, as well as to reduce such impact on the activities of the business entity.

3. Changing the business model and adapting to new conditions

In the context of war, many businesses are forced to rethink their business models. The main approaches to adaptation include:

  • Diversification. Expanding product or service lines, entering new markets, changing suppliers are just a few ways to minimise risk and remain competitive.

  • Digitalisation. With the constraints of physical mobility, the importance of going online has increased significantly. This can include developing online shops, implementing CRM systems and other measures to optimise business processes. With regard to document management in the enterprise, the process of digitising paper documents related to the enterprise’s activities and the introduction of digital document management is important. To implement electronic document management at the enterprise will be the use of document management systems such as M.E.Doc and ‘Vchasno’, which greatly simplify and accelerate the exchange of documents between counterparties, as well as give the opportunity to maintain primary documentation in electronic form. Thus, it is especially important to ensure the digitisation of primary documentation, as under martial law there is an increased risk of its loss, and the process of restoring such documents is both difficult and sometimes even impossible. It should also be noted that signing contracts and other documents with EDS is equal to signing them in paper form and has the same legal effect.

  • Relocation. Under martial law, there was a need to preserve the capacity and protect the employees of enterprises in order to ensure their proper functioning. In this regard, managers, in order to protect enterprises, often make decisions to relocate the main facilities of the business to safer territories where there is no active hostilities and business operations are possible. Sometimes enterprises do not carry out full relocation of business, if it is possible, taking into account the situation in the territories where the legal entity is located, but partial relocation of facilities, if the enterprise is not in the territory of active hostilities, but still in the zone of greater risk.

  • Co-operation with the government and international organisations. The government and international donors offer various business support programmes, including financial grants, credit lines and advisory assistance. Active participation in such programmes can help a business not only to survive, but also to find new opportunities for growth

  • Entering the international market. For many companies – representatives of big business, it became an incentive to scale up – to move to the next stage and enter the international market. To enter the international market, a company needs a comprehensive approach and mandatory development of a strategy and step-by-step plan to ensure proper functioning of all processes, study of local legislation in terms of regulation of business and tax relations in a foreign country.

4. Social responsibility and community support

The concept of social/corporate social responsibility is particularly relevant in war conditions, as during the martial law period business plays an important role in supporting society and the economy. Many companies actively participate in volunteer projects, provide support to the Armed Forces of Ukraine, help migrants and other vulnerable categories of the population.

Such economic activities are carried out mainly by companies that belong to large businesses, but it should be noted that increasingly small and medium-sized businesses are also actively joining initiatives for social support of society.

5. Legal aspects and recommendations

In war conditions, there are many legal issues faced by entrepreneurs, as legislation in such conditions is particularly dynamic and subject to change in response to the current situation in the country. In this regard, it is extremely important to monitor current changes in legislation and take them into account when conducting business activities. Here are some recommendations:

  • Consultation with a legal professional. Consult with legal counsel regularly to understand current legislative changes and their impact on your business.

  • Document preparation. Ensure that all transactions, particularly contracts with at-risk counterparties, are properly documented.

  • Labour law compliance. Ensure that workers’ rights are respected, particularly regarding pay, holidays and safe working conditions.

  • Military records at the enterprise. Keeping military records is mandatory for business entities; this obligation is enshrined at the legislative level. Business managers need to ensure proper maintenance of military records at the enterprise, preparation of necessary documents and control over compliance with the legislation, as violation of the rules of military registration and mobilisation is punishable by fines, the amount of which can reach up to UAH 59,500.

Conclusion

Doing business in times of war is a complex process that requires entrepreneurs to be flexible, think strategically and adapt quickly to change. However, by taking into account all challenges and opportunities, companies can not only survive these difficult times, but also emerge from them stronger and more competitive.

Entering into contracts with counterparties is an important factor in conducting business activities. When entering into a contract, it is necessary to consider the potential risks that may arise in the course of fulfilling that contract.

Main risks when concluding contracts

1. Improper counterparty due diligence

It is advisable to check the counterparty with whom the contract will be concluded, even if the company has been cooperating with it for a long time, but there has been a break in such cooperation. If the contract is concluded with a new counterparty, such verification is mandatory.
Проверка контрагента осуществляется с целью установления “добросовестности” субъекта хозяйствования. Ненадлежащая проверка контрагента может стать основанием для возникновения споров в процессе выполнения договора, а в дальнейшем – обращения в суд.

This verification is done with the help of open resources such as:

  • ‘Judicial Power of Ukraine’
  • Unified State Register of Court Decisions
  • Automated system of enforcement proceedings
  • Unified register of debtors
  • Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations

It is also necessary to check that the person signing the contract has the authority to sign the contract. The existence of such authority should be stated in the company’s Articles of Association or another document to be provided to the other party to the contract to confirm the signatory’s authority.

A number of rulings of the Supreme Court contain a stable legal position on this issue, which is that if the contract contains a condition that it is signed by a person acting on the basis of the company’s charter or other document confirming his powers, this indicates that the other party to the contract is aware of such documents, and the court may not take into account the references of this party to the fact that it was unaware of the limitation of the powers of the counterparty’s representative (rulings of the Supreme Court of 09. 04.2019 in case No. 924/491/17

2. Failure to agree on contentious issues at the stage of drafting the treaty

The agreement by the parties of the material terms of the contract is a very important stage in the process of contract conclusion.Issues arising in the process of consideration and agreement of the parties to the draft contract can be settled and recorded in a protocol of disagreements. Thus, the parties will reach a compromise and establish mutually beneficial terms of co-operation.

3. Failure to record oral agreements between the parties to the contract in writing

Contractual relations between counterparties are often not limited to the conclusion of a contract. Certain conditions for the fulfilment of the contract are disclosed in more detail in annexes to the contract. Also, in the process of co-operation, the parties may agree on the need to make changes to the concluded contract. Such changes must be fixed by signing additional agreements to the contract or other documents. Lack of written agreement on amendments to the contract may in the future become the basis for the counterparty to apply to the court and proving the existence of agreements in such a case becomes much more difficult.

4. Insufficient attention to the section that provides for the application of penalties for improper fulfilment/non-fulfilment of the terms of the contract

A fairly common situation is when the parties to a contract decide not to specify in detail the section providing for the application of penalties for non-fulfilment or improper fulfilment of the terms of the contract.
As a consequence, it is impossible to collect penalties (fines, penalties) from the counterparty for breach of fulfilment of the obligation.
The ruling of the BP of the Supreme Court of 10.12.2019 in case No. 904/4156/18 states that if the terms of the contract do not establish the amount of penalty for breach of monetary obligation, and part six of Article 231 of the Civil Code of Ukraine does not establish a specific amount (percentage) of the penalty, but only determines the procedure for its establishment in the contract based on the discount rate of the National Bank of Ukraine and the period of application of the sanction, there are no grounds for the application of such a measure of liability as a contractual sanction.

5. Lack of specificity in the contract regarding actions in case of force majeure events

The occurrence of force majeure in itself does not release the business entity from liability for breach of contract terms, as such circumstances must be certified by the Chamber of Commerce and Industry of Ukraine or regional CCIs, which establishes the causal link between the presence of force majeure and the inability to fulfil the obligation under the contract. Accordingly, the document certifying the existence of force majeure in a particular case is the CCI certificate issued as a result of consideration of the company’s application.

On the question whether the CCI letter dated 28.02.2022 No. 2024/02.0-7.1 is evidence of the existence of force majeure, the Supreme Court in its ruling dated 13 September 2023 in case 910/7679/22 expressed the following position:

‘The letter of the CCI dated 28.02.2022 No. 2024/02.0-7.1 is not proof of the onset of force majeure for all economic entities of Ukraine with the beginning of the military aggression of the Russian Federation. Each business entity that cannot fulfil its obligations under a certain contract must prove the existence of force majeure.’

Thus, there is a need for a business entity to obtain a CCI certificate of certification of force majeure in each specific case.Also, it should be taken into account that if the contract defines a term within which a party must notify the other party of the occurrence of force majeure, such notification is mandatory. If the contract establishes a term for such notification, late notification or failure to notify the counterparty of the occurrence of force majeure deprives the party of the right to refer to these circumstances, if provided for in the contract. Otherwise, a breach of the notice period does not automatically mean the loss of the right to invoke force majeure.

Paragraph 56.1 of Article 56 of the Tax Code of Ukraine provides that decisions made by controlling authorities may be appealed through administrative or judicial channels.

The administrative procedure for appealing tax assessment notices (tax notification-decisions) is regulated by Article 56 of the Tax Code of Ukraine.

In accordance with the aforementioned article, if a taxpayer disagrees with the tax authority’s position, they have the right, within 10 days from the date of receiving the tax assessment notice, to submit a complaint to a higher-level controlling authority for the purpose of reviewing the adopted decision.

For example, you can appeal a decision of a district tax inspection to the Main Directorate of the Fiscal Service of the respective oblast, and a decision of the oblast fiscal service directorate to the State Fiscal Service of Ukraine.

Important to remember! Simultaneously with sending the complaint, you are obliged to notify the controlling authority that made the contested decision that you are using the administrative appeal procedure for such a decision. The administrative appeal procedure suspends the legal effect of the tax assessment notice; in other words, the taxpayer is not obliged to execute the decision until the administrative appeal procedure concludes.

Tax lawyer in Kyiv: properly certified copies of documents confirming the taxpayer’s position and calculations are submitted along with the complaint.

When reviewing the complaint, the tax authority is guided by the principle of the lawfulness of the taxpayer’s actions; in other words, the controlling authority itself must properly prove the lawfulness of its actions.

As a general rule, the controlling authority is given 20 days to review the complaint (from the moment of its receipt), although this period may be extended up to 60 days.

In cases where the controlling authority fails to make a decision within 20 days from the date of receiving the complaint (or 60 days if the review period has been extended), such a complaint is deemed to be upheld.

If the administrative procedure does not yield the expected result, pursuant to Article 56.19 of the Tax Code of Ukraine, you have 30 days to file a lawsuit in court for the annulment of the tax assessment notice. At the same time, we note that according to the position of the higher judicial authorities of Ukraine, under a correct interpretation of the norms of the Tax Code of Ukraine, this period is not 30 days, but 1095 days from the date of receiving the decision.

During a divorce or family breakup, one of the most complex aspects is the division of property. This is a process that requires attention to detail, knowledge of the law, and an experienced lawyer. In the capital of Ukraine, Kyiv, there are many lawyers who specialise in property division and are ready to help with this difficult matter.

Who Is a Property Division Lawyer?

A property division lawyer is a legal professional who specialises in issues related to the division of property during a divorce or family breakup. They possess knowledge and experience in the field of family law and help their clients protect their rights and interests during the property division process.

Why Do You Need a Property Division Lawyer?

Property division can be a complex and contentious process. A property division lawyer plays a vital role in protecting their client’s interests and ensuring a fair division of property. They help the client navigate complex legal issues, providing expert consultation and guidance at every stage of the property division.

How to Choose a Property Division Lawyer

When choosing a property division lawyer, it is important to consider their experience, professional skills, and reputation. Below are some key steps to help you choose the right lawyer:

Steps in Property Division

  • Property Valuation: The first step in property division is evaluating the property subject to division. A lawyer will help you gather the necessary documents and evidence, as well as determine the value of the property, including real estate, financial assets, and personal belongings.
  • Property Division Agreement: In some cases, the parties can reach an out-of-court agreement on property division. A lawyer will help you draft an agreement that takes your interests into account and complies with legal requirements.
  • Court Proceedings: If the parties cannot reach a property division agreement, the case may be taken to court. A lawyer will represent your interests in court proceedings and argue your position before the judge.

Benefits of Working with a Property Division Lawyer

Working with an experienced property division lawyer can provide you with the following benefits:

  • Expert Knowledge: The lawyer has deep knowledge in the fields of property division and family law, which will help you navigate complex issues and protect your rights.
  • Representation of Interests: The lawyer will act as your representative and defend your interests throughout the property division process.
  • Conflict Minimisation: The lawyer will help reduce friction in the property division process and find compromise solutions.

The Lawyer’s Role in Property Division

A property division lawyer performs a number of important roles:

  • Consultation: The lawyer provides consultation and helps the client understand complex legal issues related to property division.
  • Representation: The lawyer represents their client’s interests in court or out-of-court procedures, defending their rights and interests.
  • Documentation: The lawyer assists in drafting the necessary documents and agreements to ensure a fair division of property.
  • Mediation: The lawyer can act as a mediator between the parties, helping them reach an agreement and compromise.

For many years, judicial practice held that each spouse could claim a share of any property acquired during marriage. Judges did not pay sufficient attention to the source of income used to purchase it.

This position changed drastically in 2015–2016. Higher judicial authorities in Ukraine draw plaintiffs’ attention to the fact that, in addition to the fact of property acquisition during marriage, it must be proven that the jointly acquired property was purchased with shared funds exclusively to satisfy the needs of the family.

Thus, it is no longer sufficient for a plaintiff to claim that property was bought during marriage; they must prove with documents and witnesses that the money used to buy the property was shared funds, rather than the personal property of one of the spouses.

Quoting literally from one of the court decisions: “…the classification of property as the common joint property of spouses is determined not only by the fact of acquiring such property during marriage, but also by joint financial participation in its purchase. Applying this rule of law (Article 60 of the Family Code of Ukraine) and recognising the right of common joint ownership of spouses to property, the court must be convinced not only of the existence of the fact of acquiring property during marriage, but also of the fact that the source of its acquisition was joint funds or the joint labour activity of the spouses…”

The most common grounds for recognising received funds as the personal property of one of the spouses are obtaining such funds through a loan agreement, inheritance, or a gift deed.

The grounds that give property the status of common joint ownership are:

  1. the exact time of purchasing such property (during marriage);
  2. the funds with which the property was bought;
  3. the purpose for which the property was bought (to satisfy the needs of the family).

In other words, to succeed in court and divide property, alongside proving the fact of purchasing the property during marriage, you should emphasise that your spouse has no evidence of acquiring the property with their personal funds, and witnesses (acquaintances who can confirm, for example, that the car was used exclusively for family purposes) can confirm the use of the property to meet family needs.

Frequently Asked Questions

  • How long can the property division process take? Typically, the property division process can last from several months to a year, depending on the complexity of the case and the level of dispute.
  • How to determine a fair division of property? Property division should be fair and based on various factors, such as the duration of the marriage, the financial standing of the parties, and childcare responsibilities.
  • Can a court decision on property division be changed? In some cases, it is possible to appeal a court decision on property division if new evidence emerges or if the court made an error in law.
  • What documents must be provided to a lawyer for property division? To divide property, you must provide documents confirming ownership and the value of the property, as well as evidence of the parties’ income and financial standing.
  • What costs are associated with a property division lawyer’s services? The costs for a property division lawyer’s services can vary depending on the complexity of the case and the lawyer’s rates. Lawyers typically charge an hourly rate or a consultation fee.

Conclusion

Property division during a divorce or family breakup is a complex and important process that requires attention to detail and knowledge of the law. A property division lawyer will help you protect your rights and interests, ensuring a fair and efficient division of property. Do not hesitate to contact a professional to ease this process and achieve the best possible result.