Divorce during the war: the main rules for the distribution of property and the receipt of alimony

According to Darina Starovoitov's AO Verity Group's focus, couples who have children under the age of 18 are divorced through court if one of the partners voluntarily refuses to contact the RACS department or when one or both are abroad. Consideration of marriage dissolution cases usually occurs without court sessions, but even if the meeting is appointed, the part of the parties is not obligatory.

An application through state authorized bodies can be submitted even individually, by proxy, which will specify the right to submit on behalf of the other party such a convenient way - to attract a lawyer who can accompany the application to court before receiving a court decision that has already received a court decision legitimate, "Darina Starovoitov explained.

We will add that a statement through state authorized bodies can be submitted even individually, according to a proxy, which will specify the right to submit on behalf of the other party of such a document. This happens if the partner is serving or for some reason cannot appear in state registration.

The situation is checked and subsequently the state registration authority draws up an act record on the dissolution of the marriage after the expiration of one month from the date of submission of such application.

During martial law in the country in accordance with the Law of Ukraine "On the Legal Regime of Martial Status", state registration of marriage dissolution is carried out by any state registration of civil status acts at the applicant's request, that is, not only the RACS, but the local administrations, which can The registers have been accessed.

The rules during the martial law stipulates that a person should indicate a military service during divorce, that is, to present a military ticket or a certificate. Without this document, it will be difficult to break the marriage, because it will not be possible to make the corresponding entry. But if you apply to court, no military tickets are required.

As for the clarification of financial issues between the former, Darina Starovoitov immediately noted: "I do not advise to mix in one process of divorce, alimony and division of property - this will only complicate the case and delay the consideration of the case. " Alimony can be obtained quickly, without court sessions. To do this, apply for a court order.

The court will recover the alimony in the amount of 1/4 of the income per child, 1/3 - for two children and 1/2 of the share - for three or more children. But in order to use this simplified procedure requires two conditions: if the minimum amount of alimony does not suit one of the parties, you can apply to the court with a claim for alimony, justify the amount of alimony and provide appropriate evidence. Funds are compulsory - through a state or private executor.

If the alimony is not paid for a long time, the contractor can impose a number of restrictions, in particular, to drive a car, as well as to enter information in the Unified Register of Debtors, and then a person is aware of criminal liability. The main thing, it should be remembered that the court charges alimony from the date of application to the court. Therefore, it is not necessary to delay payments.

Experienced attorneys from divorce - the distribution of property between the former spouses - a long and emotional process. The main rule of separation of property under family law is the following: everything that the couple acquired during marriage is shared equally. "But there is an exception, in particular, if the party believes that the property belongs to it on the right of personal property, it must prove it in court.

If still there is a division of property in court, this is the best option for the parties. I advise to start with negotiations, or Involve the mediator - the neutral side. During the war, the so -called marriage preventiveness is very urgent. The focus has collected the main rules to be followed to have a "airbag" in the event of a divorce. According to the lawyer, the average duration of the trial on divorce is 2-3 months.