In the modern world, divorces are becoming an increasingly frequent occurrence, but this does not make them any less painful or complex. In Kyiv, as in other major cities, the divorce process can be tense and emotionally draining. However, with the professional assistance of qualified lawyers, this process can be made significantly easier.

Turning to a lawyer in cases of dissolution of marriage becomes critically important when one of the spouses opposes the divorce decision. However, even with mutual consent to a split, expert support from a lawyer remains a necessity. The variety of issues that need to be resolved—such as the division of jointly acquired property or determining the residence of children—requires a professional approach. By seeking help from a specialist in a timely manner, you can avoid rights violations and save both time and nerves.

Why It Is Important to Consult a Divorce Lawyer

A divorce lawyer is not only your representative in court, but also an expert who will help you understand all aspects of the divorce process. Knowing your rights and obligations is a key moment in divorce proceedings. In addition, the lawyer will help you draw up all the necessary documents and represent your interests before your spouse and the court.

Situations Where Consulting a Divorce Lawyer Is Unavoidable:

Lack of knowledge and experience required to achieve the desired outcome.
Intense emotional pressure that prevents acting adequately and analysing the situation.
Inability to step away from work, business, business trips, and childcare.
Evasion by one of the spouses from participating in court hearings or their residing in another geographic region.
Risk of losing real estate or a vehicle during property division.
Presence of joint loans, mortgages, or debts.
Disputes regarding the conditions of upbringing and the child’s place of residence.

Any of these circumstances can lead to the loss of property, nervous strain, and psychological trauma for the child. Naturally, economising on legal services in such cases is hardly justified.

What Services a Divorce Lawyer Offers

The “Riyako & Partners” law firm offers a wide range of services in the field of family law, including:

Consultations and preparation of documentation for divorce.
Representation of the client’s interests in court.
Development of an individual action plan in complex cases (for example, when one of the spouses is abroad).
Assistance in standard divorce procedures to save the client’s time and effort.

What Types of Marriage Dissolution Exist?

Divorce via the Civil Status Acts Registration Office (RACS): This option is suitable if the spouses have no common children under 18 and there is a mutual agreement to divorce.
Divorce through the court: Necessary in cases where there are common children or when property division is required.

Important to Know

Kyiv, the centre of many social and legal processes, including divorces, records thousands of marriage dissolutions every year. This circumstance places a certain emphasis on the importance of the professionalism of lawyers specialising in divorce proceedings. Our company, possessing significant practical experience, provides a number of useful tips for those facing this difficult situation.

Online Divorce Filing: Convenience and Efficiency

With the development of technology, it has become possible to submit a divorce application online via the official service https://dracs.minjust.gov.ua

. This process is intended for couples who are eligible to divorce through RACS. However, visiting a RACS branch is necessary for the final registration of the divorce.

Separate Resolution of Property and Family Issues

Family lawyers strongly recommend not mixing the divorce procedure with resolving issues concerning property division, child custody, and maintenance. These issues should be resolved separately, which will help avoid unnecessary complications and achieve a fairer result.

Before starting the divorce process, it is important to determine key aspects, such as property division. This will help your lawyer develop the most effective strategy and ensure the protection of your interests.

How a Divorce Lawyer Can Help During the Divorce Process:

Ensures the completion of the divorce even if one of the spouses disagrees or evades participation in court.
Assists with maintenance and property division matters.
Provides support in the event of a divorce involving a foreign citizen.
Protects the rights and interests of children during the divorce process.
Helps invalidate a prenuptial agreement.

Advantages of Contacting a Professional Lawyer:

Protection of the client’s interests.
Preparation of all necessary documents for the divorce.
Assistance in reaching a reconciliation between the parties, based on the principle that a bad peace is better than a good war.
Reduction of emotional and time stress, as the lawyer takes over court attendance and spares the client from unpleasant meetings.
Comprehensive case management from the moment of filing the claim to the enforcement of the court decision.
Affordable cost of services and flexible pricing policy.

Execution of Legal Services:

Upon concluding a legal services agreement, the lawyer assumes full control over all necessary actions for the dissolution of marriage through the court. The lawyer regularly updates the client on the progress of the work. The client only needs to visit the office once to sign the agreement, after which all work is carried out without their direct participation.

Cost of Divorce Lawyer Services:

A divorce lawyer’s fee for services includes qualifications, experience, the scope and complexity of the case, and the estimated time to protect the client’s interests. For the convenience of clients, a price list for services is provided. Depending on the circumstances, the lawyer may offer various payment options:

A fixed amount paid as a lump sum.
A fixed amount for out-of-court work plus payment for each court hearing.
Payment for each individual service (e.g., preparing a request, drafting a claim, participating in a hearing, etc.).

Summary of the Importance of Legal Assistance in Divorce:

Thus, turning to a divorce lawyer in Kyiv is not only an important measure, but often a necessary one. This is especially true in situations involving complexities related to property division, determining the living arrangements and upbringing of children, as well as cases involving loans and other financial obligations. A professional lawyer will not only help protect the client’s rights and interests, but will also ease the entire process, minimising emotional and time strain.

Conclusion:

It is important to understand that the services of a divorce lawyer are not just a formality, but a vital element in the marriage dissolution process, especially in complex and disputed cases. Qualified legal support can significantly simplify and speed up the divorce procedure while ensuring the protection of the rights and interests of all parties. Ultimately, choosing professional legal assistance is a decision that can save not only time and funds, but also the client’s emotional resources.

The question of real estate registration is extremely important. State registration of rights allows one to be the owner of immovable property in the legal field, which is necessary for entering into contracts and performing other legal acts.

In this article, we will talk about what the legislator considers as real estate, which rights regarding this type of property require registration, who are the subjects and grounds for registration, as well as the administrative fee.

Let’s start with the main point, namely the legislative definition of immovable property. According to the Civil Code of Ukraine (CCU), immovable property includes land plots and objects located on the land plot, the removal of which is impossible without their depreciation and change of purpose (Article 181 of the CCU): residential buildings, residential and non-residential premises, their parts, apartments, and others.

State registration of rights to immovable property is the official recognition and confirmation by the state of the acquisition, modification, or termination of proprietary rights to immovable property by entering the relevant information into the State Register of Proprietary Rights to Immovable Property (Article 2 of the Law No. 1952-IV, hereinafter referred to as the Law).

So, which proprietary rights to immovable property require registration?

Ownership rights and trust property rights as a means of securing the performance of obligations regarding immovable property, an object of unfinished construction, trust property rights as a means of securing the performance of obligations regarding a future immovable property object.
Special proprietary rights to an object of unfinished construction, future immovable property object.
Proprietary rights to immovable property derived from ownership rights, namely: the right of use (servitude, emphyteusis), the right to build on a land plot (superficies).
And other proprietary rights provided for in Article 4, paragraph 1 of the Law.

Once we have determined the object and type of rights associated with it, let’s move on to the subjects of registration (who specifically deals with this matter?):

Once we have determined the object and the type of rights involved, we move on to the registration subjects (who specifically handles this matter?):

Notary;
State registrar of property rights;
Executive bodies of rural, urban, and city councils, Kyiv, Sevastopol city, district, district in the cities of Kyiv and Sevastopol state administrations.

Depending on whether it is secondary or primary real estate, the basis for registering rights to the object varies. Let’s consider the grounds for registration of secondary real estate, as stipulated by the legislation:

Agreements that confirm your right to property (purchase and sale agreement, contract of subcontracting, trust ownership agreement, etc.);
Certificates that confirm ownership rights (certificate of ownership for a share in common property, inheritance certificate, certificate of acquiring property through public auctions, etc.);
Court decisions regarding the acquisition, alteration, or termination of property rights to real estate, unfinished construction projects, future real estate objects;
Court resolutions approving (recognizing) a settlement agreement;
Will that establishes an easement on real estate;
Other grounds specified in Article 27 of Law No. 1952-IV.

When it comes to primary real estate, it is important to note that state registration plays a vital role. According to Article 331, Part 3 of the Civil Code of Ukraine, prior registration of this property is considered as proof of ownership, even if it already appears as a completed building.

The legislator has divided the registration procedure for unfinished construction objects into two categories: those registered for the first time and others.

If it is the first registration, pay attention to the following list of documents:

Application for state registration of rights.
Land document.
Building passport.
Right to carry out construction work.
Technical passport.
Absence of any fact indicating a halt in construction work due to violations of urban planning legislation.
Absence of any fact indicating acceptance into operation of the completed construction object.
Construction acceptance and transfer certificate, if applicable.
Documents confirming the completion of work on the construction site (e.g., certificates of completed work).

If the registration is for an object that already has ownership rights or special property rights, changes are automatically made through the software of the State Register of Rights:

Object characteristics are updated based on the information from the Unified State Electronic System in the field of construction.
The type of property right is changed (from special property right to ownership).
State registration of encumbrances on real estate in favor of the construction client is carried out (only in the case of an indivisible object).

When registering any object, do not forget to provide your passport and identification code or statutory documents if you are a legal entity.

Finally, the administrative fee for registering property rights correlates with the timeframe, and for the standard period of 5 working days, the fees are as follows:

Ownership rights (including trust property as a means of securing obligations) – 270 UAH.
Special property right for an unfinished construction object – 270 UAH.
Special property right for a future real estate object – 335 UAH.
Trust property rights for an unfinished construction object or future real estate object – 30 UAH.
Other derivative property rights derived from ownership – 130 UAH.
Registration resulting from notarial actions – 270 UAH.

The subsidy programme began in the 1990s and has been helping families for more than 25 years and remains a major protection against increases in housing and utility prices and payments. Families can apply for a subsidy in Ukraine if their utility bill exceeds a certain amount that they need to pay. It is calculated differently for everyone and depends on income:

First the average monthly income has to be calculated;
This income is divided by the number of persons living in the house/apartment. This is how you can determine the average income per person per month;
It is then divided by the minimum that one can live on in a month;
The total is divided by 2 and multiplied by 20%;

This is how you find out the percentage of your average monthly income and the mandatory payment.

Subsidies 2021: What changes to the rules?

From the beginning of May, the 2021 subsidy is given differently. An important rule is that the 2021 subsidy will only be paid in cash. Such changes allow you to dispose of the remaining money after the payments have been made. According to the government’s decision, families who received the housing benefit last year and this year will receive it for the next period without an application from the citizen, i.e. it is automatically reassigned. But not all households are included in this decision. Families will not receive the subsidy if:

The subsidy was not a cash grant;
The subsidy was granted without persons registered in the dwelling;

Also under the new rules, those who are not eligible for the subsidy will lose their entitlement:

Have bought any vehicle or house whose value exceeds 50 thousand UAH;
Saved funds of any currency in a bank with interest of more than 100 thousand UAH;
Acquired and sold any currency in the amount exceeding UAH 50 thousand during the year prior to submitting the application for subsidy;
Were abroad for more than 59 days and declared no income;
Failed to pay utility bills or alimony payments for several months;
There was an illegally received subsidy in the previous year, after which the funds have not been repaid;
Have several new cars in their possession;
Have a car that is less than 5 years old;
Have not worked, studied or have no income;
Own a large flat or house;

The State Social Inspectorate regularly monitors and verifies the accuracy of all information submitted for the assignment of the subsidy.
The subsidy is checked by the social inspectors who follow up:

Accuracy and completeness of information on property and material status;
The verification of personal files of persons;
Payments and assignments of social assistance;
Measures to recover state social assistance funds paid in excess;

The Chief State Social Inspector verifies the subsidy with additional rights, namely:

A check on the individual’s living conditions to determine the family’s background to the application. This is done at the discretion of the head of the relevant social welfare body;
Checking the information on the place of residence of all family members;
Visiting places where family members work.

Actions carried out during the verification of the beneficiary are lawful. However, according to Article 30 of the Constitution of Ukraine and Article 13 of the CPC, there are three prohibitions:

No unlawful entry into a person’s home is allowed;
No unlawful examination is allowed;
No unlawful search except by a reasoned decision of a court.

The decision on whether or not to apply for the subsidy is made within 10 days. If a person does not agree with the refusal or the amount of the subsidy, he or she will have to double-check and clarify the information to correct the error. This information has 30 days to be clarified and can only be prolonged if the applicant is ill.

It is often the case that people may be deceived by telling them that the pensioner’s subsidy will be taken away if they become employed. However, the subsidy for pensioners can be based on wages and pensions. If a pensioner has stopped working or retired, he or she needs to apply to the social security office within a month with a declaration, and the aid will be transferred taking into account only one income – the pension.

Applying for a subsidy: how to do it and where to apply?

The subsidy 2021 is granted to people who present a passport or other proof of nationality. You can apply at the social welfare office in the place where you are registered. It is best if the application is submitted with all the necessary documents, i.e:

Declaration of expenditure and income;
Certificate of income;
A repetition of the no-obligation agreement (if any);
Rental agreement (if you have one);

What income you have to declare

Wages after you have paid all taxes;
Pension;
Scholarship;
State social cash payment for people declared legally unemployed;
Money transfers abroad;

The percentage of income does not include payments such as

Help when a child is born;
Support when a child is adopted;
Support for women with the title of “Heroine Mother” of Ukraine;
Social support for orphans;
Assistance for children who have been granted guardianship;
Child support received; Support for children;
Support from charitable organisations;
Amounts paid to an employee to compensate for damages incurred during the period of employment;

Also income is not taken into account:

Alimony paid, if documented;
The amount for travel vouchers received free of charge;
Payments to persons working in the commission on polling day;
Funds received for their role in anti-terrorist operations;

The forms and declarations you need to fill in are available free of charge and are provided when a citizen applies directly to the subsidy office. You can also find the forms on the website of the Ministry of Social Affairs. If you are older, your grandchildren or children may help you. Once you have filled in all the forms and documents, you can submit them by mail to the address of your local social security office. The address can be found on the website of the Ministry of Social Policy. You can also hand them in person to an official of the local council of the local community or to the Administrative Services Centre. They will forward the documents to the right place for you within a few days.

If you are a community resident, then you need to contact

Headmen;
The body that coordinates the work of the village head’s team;
Community Protection Unit;
Centre for the provision of administrative services of the territorial society;
The social defence body of the district state administration;

You can apply for a subsidy online in several ways:

Delivery of important documents by e-mail
Using an electronic digital signature; if not, then you have to register on the website of the Ministry of Social Policy;
Use BankID identification;

In order to apply for a subsidy online, you must:

On the Ministry of Social Policy resource, find the link to go to;
Register by mail, electronic signature or BankID, at your discretion;
Fill in the necessary data and enter the bank where you will receive the subsidy;
Fill in the form and be sure to check that your details are correct, then submit.

The notification, which will include the amount of the subsidy, or possibly a refusal, will come a couple of weeks later.

All people who are legally present and residing in Ukraine are eligible for the subsidy. Subsidies in Ukraine can be applied for:

The person registered in the house;
Unregistered person living in the house renting it (documents confirming that the person lives at this address must be attached to the application);
Children under 18 years of age and without parental care;
An incapacitated person of working age who has been granted guardianship.

In the event of the death of the beneficiary, the subsidy is paid to one family member. This is done upon written request. The deadline is three months.

The subsidy is calculated on the basis of the number of people living in the household who pay for utilities. It also includes persons who are in the service, but their income is not taken into account. This is determined from the first month that the subsidy is applied for.

If the number of family members who are registered and living in the building is less than the number of registered and living in the building, the subsidy is calculated on the basis of the number of registered and living in the building. This is done according to the commission’s decision. In order to prove that the registered family members do not live in the house, certificates must be provided. This can be documents that prove that the person is elsewhere due to work, study, medical treatment, etc.

It is compulsory for recipients of the subsidy to give notice of any changes in the family, namely

Changes in the number of people living in the accommodation;
Changes in social status, including marriage and its termination;
Changes in the conditions of communal services;
Changes in the costs of managing the block of flats;
One person in the family has bought a house, a flat, a vehicle, land, and expenses for services other than medical ones have occurred;

This must be done within one month of the start of the change.

Since the beginning of May, the accrual of the subsidy for incapacitated people who are unable to work has been made for overtime housing. This category of persons includes:

Persons under 18 years of age;
Ukrainian citizens receiving old-age, disability or seniority pensions;
Persons receiving assistance from the state. These may be adults and children who have a childhood disability, temporary assistance for a non-working person who has reached the general retirement age but has not become eligible for a pension payment.

It has also become known that from the beginning of October, the amount of the 2021 subsidy may differ in different regions of Ukraine. The reason for this could be a lockdown or a region moving into the red zone where strong quarantine restrictions will apply. As a result of a new wave of coronavirus, people in the red zone will automatically receive quarantine surcharges and support from the government.

With all of the above in mind, the recipients of the subsidy should not withhold any information that could affect the granting and amount of the subsidy. Because subsidy checks are carried out on a regular basis and this will all become known very quickly, the budget will have to be refunded as a result. We recommend that you contact the social welfare office at your place of registration, discuss all the nuances and choose the best solution for yourself.

Thousands of Ukrainians encounter difficulties with property built without the proper permits. These may include residential houses, holiday cottages, garages, or extensions erected without the required approvals, project documentation, or in breach of building regulations. Such property, known as unauthorised construction (самобуд), carries significant legal risks. Owners often become aware of the problem only when they need to sell, gift, or pass the property on by inheritance. Leaving the situation unresolved may result in fines and, in some cases, even demolition of the building.

Solicitors specialising in property law provide clients with full legal support in the process of legalising unauthorised buildings in Kyiv and other regions. They assist in navigating the complexities of Ukrainian legislation and guide owners through the challenging path from unlawful construction to obtaining legitimate ownership rights.

In this article, we will explain in detail what unauthorised construction means under the law, why legalisation is necessary, the steps involved in the process, and we will also answer common questions about regularising property without documentation in Kyiv.

What Counts as Unauthorised Construction under Ukrainian Law?

Before discussing how to legalise an unauthorised building, it is important to understand what the law regards as such. According to current Ukrainian legislation, a building is considered unauthorised if it breaches one or more of the following conditions:

No legal rights to the land. The property has been built on a plot that does not belong to the person by ownership or lease, or where the land has a different designated purpose. For example, building a residential house on agricultural land.
No building permit. Construction was carried out without the appropriate authorisation to commence building works. This also includes projects erected without an approved design.
Breach of building regulations. The structure has been built in significant violation of state building standards, rules, or requirements, such as health and safety, fire safety, or other mandatory provisions.

Legalising a house without a permit requires a thorough assessment of each of these aspects. Even one breach is sufficient for a building to be deemed unauthorised.

Why Is It Important to Legalise Unauthorised Construction?

The key problem is that such property cannot be sold, gifted, or bequeathed as real estate. In legal terms, you only own the building materials used, not the property itself. This means you cannot fully dispose of it — for example, secure a mortgage against it, let it out, pass it on by inheritance, or contribute it as capital to a company.

A further issue is fines. The State Architectural and Construction Inspectorate (ДАБІ) not only has the power to impose significant penalties but may also issue an order requiring demolition. Ignoring the matter may therefore result in serious financial losses and forfeiture of the property.

For this reason, timely legalisation is critical for safeguarding assets and ensuring legal security.

How to Legalise an Unauthorised Building: Step-by-Step Guide

Although the process varies depending on circumstances, it usually involves several key stages. The most complex situation arises where the owner lacks documents not only for the building but also for the land on which it stands.

Step 1: Securing land rights

Application to the local council. In Kyiv, this means submitting an application to the City Council requesting recognition of the unauthorised building. The application is supported by documents such as a technical passport for the building, approvals from health and fire authorities, a survey plan, and other evidence of compliance with building standards.
Council decision. If approved, the council issues a decision recognising the building and granting permission to prepare land documentation.
Technical documentation. A licensed land management organisation prepares the technical documents. Once completed, the land parcel is assigned a cadastral number.
Transfer of land ownership. With the documents ready, the council issues a decision transferring the land into ownership or use, forming the basis for further legalisation through the courts.

Step 2: Recognition of ownership through the courts

Filing a claim. The next step is to submit a claim to court seeking recognition of ownership rights over the unauthorised building.
Court proceedings. Case law in such matters is generally favourable. With valid land documents, refusal is highly unlikely.
Court ruling. The court’s decision is the key legal instrument confirming ownership.

Step 3: Commissioning the building and registering ownership

Declaration of readiness. With land documents and a court ruling, the owner applies to the State Architectural and Construction Inspectorate (ДАБІ) for acceptance of the building into operation.
Property registration. Once registered, full ownership rights are granted and must be entered in the State Register of Property Rights.

At this point, the legalisation process is complete, and the owner may freely dispose of the property.

Conclusion

Legalising unauthorised construction in Kyiv is not a mere formality but a vital step in protecting property rights. Although the process may seem complex and time-consuming, the right legal strategy and professional guidance can ensure success. Addressing the issue without delay allows you to avoid fines, safeguard your property, and secure the full range of ownership rights.

FAQ: Common Questions about Legalising Unauthorised Buildings

Can I sell an unauthorised building?
No. Ukrainian law draws a strict distinction between building materials and real estate. Without officially registered ownership, you can only sell the materials, not the property itself. No notary will certify a sale contract for such an asset.

What happens if I do not legalise my property?
Consequences can be severe. You cannot sell, gift, or bequeath it. Authorities may impose fines depending on the complexity of the property. In some cases, courts may even order demolition at your expense. Even if the building stands on your own land, breaches of regulations do not exempt you from liability.

How do I legalise a garage, cottage, or house?
The process depends on the type and size of the building. Smaller structures built before 1992, or those qualifying for simplified procedures, may follow an easier route. Generally, the steps are similar: gather documentation, carry out technical inspection, obtain necessary approvals, and register ownership. Each case has its nuances, so professional advice is strongly recommended.

Do I need a lawyer in Kyiv for legalisation?
Yes, in most cases. The process is legally and procedurally complex, requiring knowledge of regulations, planning law, and case practice. A solicitor specialising in unauthorised construction can prepare documents, assess risks, file claims, and represent you before the authorities and courts, significantly improving the likelihood of success.

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.

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:

the exact time of purchasing such property (during marriage);
the funds with which the property was bought;
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.