Court decision on division of property

Court decision on division of property

The division of property between spouses is carried out in accordance with the Civil Code of Ukraine (CC of Ukraine). According to the rules of family law, the spouses’ shares are equal, and this circumstance is an important principle when considering cases of property division.

The judicial body makes a decision according to the following rules, regulated by the chapter of the Civil Procedure Code of Ukraine:

• the judicial body makes its decision in a deliberation room, without outsiders;
• the judicial body issues a reasoned decision, which must have legal grounds;
• the decision of the judicial body is based only on the evidence presented by the parties and examined by the court;
• the decision of the judicial body consists of several mandatory elements (introductory, descriptive, reasoning, operative);
• the decision of the judicial body must be made after the trial, immediately (operative part);
• the decision must be announced to the parties and persons who participated in the given process.

If any of the parties or persons involved in the court decision process does not understand, the judicial body has the right, upon the application of such parties or persons, to explain the decision. But such actions must be carried out before the moment of execution of the decision itself.

Entry into force of the court decision on the division of property of spouses

The decision of the judicial body in a case on a property dispute between spouses has no legal force until it comes into legal force.

The decision of the judicial body first comes into legal force after the expiration of certain periods established by the Civil Procedure Code of Ukraine:

• upon expiration of the period provided for appealing such decision (in the event that it was not appealed);
• after the entry into force of the ruling or determination of the appellate court (in the event that the decision was appealed and not overturned by the court of second instance).

When a decision of a judicial body is overturned on appeal, the appellate body issues a new decision on the dispute, which comes into force upon its issuance.

Is it possible to appeal a court decision on the division of property?

Parties and persons involved in the case who disagree with the court’s decision on the division of property may appeal this decision within the time period established by law.

The same court decision can be appealed repeatedly in several stages. For this purpose, the Civil Code of Ukraine provides for a special procedure (a sequential appeal procedure). The main stages for appeal are:

• by appeal. The period for appealing the decision in this case is one month from the moment the decision comes into legal force. The appeal is filed with the court of the next instance through the judicial body that made the decision on the case;
• by cassation appeal. The appeal period is six months from the moment the decision comes into legal force. The cassation appeal is sent directly to the body considering cases in cassation proceedings.

It should be borne in mind that challenging a decision does not mean that it will be cancelled by the next instances. In order for the court to invalidate or cancel a decision made by a court of first instance, compelling reasons and evidence are required.

How to obtain a court decision on the division of marital property?

Example

The district court of first instance satisfied the claims of the plaintiff, citizen “L”, against the defendant, citizen “N”, regarding the division of property acquired by the spouses during the marriage.

Citizen “N” applied to the court of second instance, the appellate court, with a statement on reviewing the decision on the case in connection with newly discovered circumstances. In substantiating his claims, citizen “N” indicated that when considering the case, the court made a decision on the basis of forged documents, namely, a forged copy of the purchase and sale agreement.

The appellate court, having checked the case materials and heard citizen N, came to the conclusion to refuse citizen N’s claim due to the lack of grounds and evidence confirming the arguments of the applicant (citizen N).

Yes, when making the decision, the court checked the validity of the copy of the document. During the check, no fact of falsification of the document was discovered. In connection with which the appellate court determined: The decision of the court of first instance shall be left unchanged, and the complaint of citizen “N” shall be dismissed.

Appeal against the court decision on the division of property of spouses

The appellate procedure for challenging a decision of a court of first instance (the primary decision when considering a dispute on the division of property) is regulated by the Chapter of the Civil Procedure Code of Ukraine. As required by law, the complaint must contain the following:

1. name of the court to which the complaint is filed;
2. personal data and contacts of the complainant;
3. name and details of the decision against which the application is filed;
4. the applicant’s demands and the circumstances he refers to when appealing;
5. date and signature.

The complaint is accompanied by the necessary documents confirming the validity of the applicant’s demands or copies of such documents. The complaint may be signed either by the applicant personally or by a person representing the applicant’s interests. The complaint is submitted to the court in several copies (for each participant in the case).

When filing an appeal, the applicant must pay a state fee. The details and amount of such fee can be found on the court’s website.

An appeal cannot contain claims made in the court of first instance (for example, on the distribution of property). And the submission to the appellate court of new evidence not presented in the first trial can only take place if it is impossible to present such evidence to the court of first instance.

Cassation appeal against the court decision on the division of property of spouses

The cassation procedure for appeal is established by the head of the Civil Procedure Code of Ukraine. It is possible to appeal a judicial act in this manner only after an appeal.

A complaint to the cassation instance may be filed by both those who participated in the case (in the court of first instance) and by persons who did not participate in the process, but on the condition that their rights and legitimate interests have been violated by the disputed judicial act. The complaint must contain the following:

• name of the court to which the complaint is filed;
• personal data and contacts of the applicant, as well as persons involved in the case;
• information about all courts where the dispute on the case was considered (first and appellate instances), as well as the operative part of the judicial acts;
• circumstances and evidence confirming the circumstances of the appeal and cancellation of the judicial act;
• date and signature of the applicant or his representative.

Documents for filing a complaint about the division of property of spouses

The complaint must be accompanied by certified copies of previously issued judicial acts (which have entered into legal force). Copies of such documents, at the request of the participants in the case, are provided by the court that issued such an act. The complaint is filed in several copies (depending on the number of participants in the case).

According to the clause of the Civil Procedure Code of Ukraine, when filing a cassation appeal, the applicant pays a state fee. A receipt for compensation or other document confirming this payment must be sent along with the cassation appeal.

Execution of a court decision on the division of property between spouses

A judicial act may be executed only after it has entered into legal force. The procedure for executing judicial acts is reflected in the Civil Procedure Code of Ukraine and regulated by the Law of Ukraine “On Enforcement Proceedings”.

After a judicial act has entered into legal force, the judicial body (of first instance) issues a writ of execution, which, depending on the situation, may:

• handed to the plaintiff or his representative intentionally (upon a corresponding application);
• sent to the bailiff department for compulsory execution (upon a corresponding application of the plaintiff or his representative);
• sent to the plaintiff by mail (in the absence of any applications from the plaintiff or his representative).

Letter of execution for division of property of spouses

In the event that the plaintiff receives a writ of execution (intentionally or by mail), this document is presented to the bailiffs department with a statement about the violation of enforcement proceedings. The writ of execution may be presented to the bailiffs within three years from the date of its preparation by the court.

Upon receipt of the writ of execution and all the necessary documents by the bailiffs, the bailiff responsible for a certain territorial area (city district, etc.) issues a ruling on the opening of enforcement proceedings or on refusal.

The refusal of a violation must be justified. For example, bailiffs refuse an application if there is incomplete information for implementing measures or if there are errors or mistakes, as well as incomplete information in the enforcement document. In this case, you can re-apply to the bailiffs with the same application.

When initiating proceedings on a case, the enforcement legislation provides for a two-month period for fulfilling the requirements specified in the writ of execution (from the moment it is received by the bailiff service). However, the execution period may be extended for some reason.

Lawyer’s answers about the court’s decision on the division of property of spouses

Obtain a court decision on the division of marital property

Litigation on the division of property between spouses usually does not end with a court decision. The law gives the right to the parties to the case, as well as interested parties, to appeal court decisions. Moreover, the appeal must take place according to the rules of civil procedure.

The Civil Code defines not only the procedure and sequence of appeals against judicial decisions, but also the requirements for the content of the complaints themselves, as well as other norms that citizens must comply with.

In addition to appealing court decisions, the spouses are also waiting for enforcement proceedings. Such proceedings are necessary for the compulsory execution of court decisions. Enforcement proceedings have their own characteristics, and the norms of legislation regulate them. The process of execution may even be longer than litigation on this dispute, although the law establishes a two-month period for execution. This happens due to circumstances, the impossibility of bailiffs to carry out the necessary measures.