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Maintenance of former Ukrainian spouse and children following divorce in Ukraine.

Maintenance allowance in divorce in Ukraine

 

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In Ukraine there is no maintenance allowance for the ex-spouse in the absence of minor children. In principle, the legal prerequisite is that one cannot take advantage of marriage as such, but the relationship must be experienced as equals even in the event of termination.

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Although in general the orientation of the Ukrainian courts on the subject of maintenance towards the ex-Ukrainian spouse in the absence of children is generally the one described above, it should be noted that often an unprofessional management of the divorce practice in Ukraine can lead to to somewhat unwanted and unexpected results.

Specifically, this International Law Firm for Ukraine has had to intervene several times in the appeal of disadvantageous sentences against Italians for Ukrainian divorces in the absence of children. The compatriots, probably taking certain rules for granted and without turning to qualified professionals, had ventured into unclear paths. The firm has encountered clients who have reported that they have undertaken the appeal for divorce in Ukraine through "agencies" which have limited themselves exclusively to having a pre-printed summary signed, subsequently sent by post to the competent court. Indeed, as a law firm in Ukraine, we have found cases in which trusting Italians went to a court in Ukraine without protection (!) or with a lawyer appointed by their ex (!!), to accept consensual divorces with halter conditions!!! Obviously, once these people came to their senses, they were forced to ask for a review of the judgement, imposing double, difficult work on us and consequently exposing themselves to greater risks and expenses.

From the analysis of the sentences in question, it emerged that the counterparty (ex-Ukrainian wife) had very wisely adopted a line of defence, asking to be judged by the Ukrainian court by adopting the advantages of Italian legislation, having had actual residence in Italy in following the wedding. Please note that the actual residence does not necessarily have to be the legal one.

It seems clear that contacts and relationships with fellow Ukrainians in Italy, also with the proliferation of Ukrainian associations in Italy that have entered into agreements with law firms, has meant that many Ukrainians inevitably have contacts with Italian or naturalized lawyers who act as consultants and advise new forms of defense hitherto unknown in Ukraine to achieve more advantageous results on the Ukrainian side in the event of divorce in Ukraine. 

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In these cases, the firm was forced to appeal the sentences and only thanks to integrated Italian/Ukrainian law, the compatriots were victorious on appeal.

In the presence of minor children deriving from marriage and/or recognized in the absence of a marital bond, in Ukraine the principle of payment of a percentage ranging between 30 and 25% of one's net monthly assets applies. Everything must be calculated net of other expenses, expenses and additional dependents.

 

Liquidation and assignment of acquired and purchased assets in the case of marriage with divorce in Ukraine.

Division of property purchased during marriage in Ukraine. 

Very often, following the marriage between a Ukrainian and an Italian, important purchases are made during the marriage. When it comes to divorce proceedings, often, even if the Ukrainian party did not participate in the purchase of assets such as apartments, cars and furniture, they have claims on these assets. 

In the case of divorce in Ukraine or with a Ukrainian person, there is a  new principle of law that is gaining ground. The principle of presupposition in Ukraine for assigning the value of assets in Ukrainian divorce.

The International Law Firm LegalGB Law Firm has the peculiarity of having in its Director a person who embodies the professional qualification to practice the profession of lawyer in Italy and the recognition for the practice of forensic art in Ukraine.

In recent times, more and more Ukrainian courts, especially thanks to this firm, are starting to apply Italian legislation and jurisprudence to divorce cases in Ukraine, given the principle of comparative and integrated law.

The conditions that have led numerous courts to accept and adopt Italian and EU legal principles in the case of divorces with Ukrainian women in Ukraine are:

1. the Ukrainian marriage is directly valid in Italy and vice versa, therefore the legal interests also reverberate in Italy and not only in Ukraine;

2. the prerequisite for marrying a Ukrainian was to live married life also in Italy, therefore also with Italian jurisdiction;

3. both the marriage and the divorce proceedings could be undertaken without distinction in Italy or Ukraine, and the mere fact that a party has started the divorce process in Ukraine does not mean that an unfair advantage must derive from this for only one party.

Given these three legal principles above, in the courts in Ukraine for divorce proceedings, if well explained, Italian jurisprudence and legislation favorable to the spouse is also starting to be accepted. In this case, there are various rulings in the field of divorce in Ukraine, regarding the purchase of assets during marriage, which are extremely favorable to the Italian spouse in Ukraine.

It often happens that even in the face of "flash marriages" one encounters the need to divide even important assets. It is not uncommon for a caring husband to purchase a car or an apartment in the bride's Ukrainian city in order to make the new bride happy.

In these cases, the only legal way that can re-award the good to the person who actually paid for it is the principle of presupposition.

The presupposition, a legal principle of Roman derivation, consists of a factual situation, common to both parties, which they have implicitly assumed as the determining reason for consent at the time of stipulation of the contract. In other words, it must be demonstrated that the prerequisite for the purchase of the property in Ukraine or with marriage to a Ukrainian was unquestionably joint marital life. Once this condition has disappeared, the reason for the purchase has disappeared and therefore, a profit on the goods of the party who did not pay for it would be unfair.  For example, if the Italian husband has purchased a car with the assumption of allowing the Ukrainian spouse free movement, aimed at moments of absence of the husband, it is evident that the assumption with the divorce in Ukraine is missing. Or even, when a property is purchased to allow the family to live in Ukraine and, incredibly, the marriage falls apart immediately after the purchases. In this case, the criterion of good faith applies which must allow us to judge whether in the specific situation, the disappearance of that factual situation which implicitly arose (common marital life), at the moment of conclusion of the transaction, as decisive for both the parties, can act as a cause for dissolution of the bond.

How to act with the principle of presupposition in divorce in Ukraine.

It is essential to demonstrate to the Ukrainian judge in charge of the divorce procedure the three principles of law set out above, also surrounded by jurisprudence. All this while keeping in mind that, if the judgment had been introduced in Italy, these conditions would be valid, as they will be valid, if the judge does not take them into account, but the damaged party appeals to an Italian court for a change in the divorce conditions.

Obviously, the court demands that these arguments be written and signed by an Italian lawyer, to be certain of the basis of these reasons, just as it demands to have the latest Italian jurisprudence duly explained and translated.

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