Divorce without division of property

Divorce without division of property

The divorce process involves resolving issues related not only to children, but also to the jointly acquired property of the spouses. In some cases, divorce can occur without division of property. Such situations include cases where spouses do not have common property or the division of property occurs before or after divorce.

Divorce is carried out by filing an application with the registry office or in court. The couple submits an application to the registry office if the spouses do not have property disputes and minor children. Otherwise, the decision on divorce will be made by the court.

Is divorce possible without division of property?

Divorce in itself is a rather complex process. Both parties will have to decide not only the fate of their children, but also their common property.

All property acquired jointly by partners during marriage is their common property (apartment, car, land, securities, etc.) and upon divorce is subject to division, as a rule, into equal shares according to the Insurance Code of Ukraine.

One of the special cases of divorce proceedings is a situation where a divorce occurs without division of jointly acquired property. It is possible to get a divorce without dividing property if:

• there is no subject of a property dispute (spouses have nothing to divide);
• one of the parties to the divorce renounced its claims to marital property;
• the spouses divided property upon divorce;
• the spouses decided to divide the property after the end of the divorce process (Family Code of Ukraine).

How to get a divorce without dividing marital property?

If, as a result of the marriage relationship, the spouses did not have jointly acquired property, then the question of dividing property will not arise in principle. Such cases occur, as a rule, when the marriage relationship was short-term in nature (for example, the marriage lasted one month).

In circumstances where one spouse decides to voluntarily transfer marital property to the other spouse, division of property may not occur. In real life, such cases do occur and are associated, in most cases, with the transfer of single property (for example, a man transfers a single jointly acquired property – an apartment to his wife and son for living).

Marriage agreement on division of property during divorce

However, in this case, it is recommended to conclude an agreement between the spouses, which will confirm the absence of claims to the voluntarily transferred common property, since the law gives a person the right to go to court with a demand to divide the property even after the end of the divorce process.

The Family Code of Ukraine establishes that the division of common property is carried out not only during the divorce process, but also before or after the dissolution of the marriage.

Both parties can decide whether marital property belongs to the divorce. In this case, an appropriate agreement is drawn up, and it is advisable to notarize such a document (Family Code of Ukraine). Such a decision can be either voluntary and mutual, or forced (for example, a husband does not allow his wife to live in their shared apartment).

Agreement between spouses on the division of common property during divorce

A prenuptial agreement also avoids the division of property during a divorce. Such an agreement differs from a mutual agreement in that the document regulates the division of property acquired not only before, but also after the conclusion of the contract.

When drawing up a marriage contract, in order to avoid problems in the event of a further divorce, it is advisable for spouses to establish a separate or partial regime for ownership of property.

In practice, there are cases when, after a divorce, spouses leave the issue of common property unresolved (for example, if the moment of divorce coincides with the process of registering property rights for one of the divorcing spouses). In this situation, after the divorce, the spouses can file a claim for division of property at the registry office or in court.

The law, based on the statute of limitations, gives spouses the right to go to court with a demand for division of property within three years after the divorce or a person receives information about concealing jointly acquired property (Family Code of Ukraine).

Property not subject to division during divorce

However, in any case not subject to division:

• property acquired by spouses before registration of the marriage union;
• property acquired during marriage by one of the spouses without the material participation of the second spouse (for example, an apartment received as an inheritance), except in cases where, thanks to the second spouses, a significant contribution was made to improving the condition of the property (for example, a major renovation of a house was made);
• personal belongings, except luxury items and precious items (for example, paintings, gold paint).
• patent and copyright rights;
• property acquired after the dissolution of the marriage;
• things and property rights of children (Family Code of Ukraine)

In other cases, when the division of property is carried out during the divorce process, property disputes are resolved exclusively in court.

Divorce without division of property through the registry office

Spouses have the right to divorce by contacting the territorial registry office at the place of residence or registration of the union. However, such a procedure is possible subject to a number of conditions, including those of a property nature.

It is possible to get a divorce in the registry office in cases where there are no property disputes between the spouses, and also:

• the decision of the spouses is mutual;
• there are no minor children in the family;
• one of the spouses is incapacitated;
• one of the spouses is missing;
• one of the spouses is imprisoned for a crime (for a period exceeding three years, according to the Investigative Committee of Ukraine).

To begin the divorce process without dividing property, spouses must submit an application and a certain list of documents to the registry office.

Application for divorce without division of property in the registry office

The application shall indicate:

• personal data of both spouses (full name, date of birth, place of residence, passport details, etc.);
• number of the act of registration of the marriage union;
• date of marriage;
• name of the territorial civil registry office,
• registered the marriage;
• number of the act of recording the dissolution of the marriage;
• date of actual divorce;
• surnames that the spouses will bear after the divorce.

Documents for divorce without division of property through the registry office

In addition to the application, spouses must submit to the registration authority:

• passport;
• marriage certificate;
• a check confirming payment of the state duty;
• other documents (for example, a certificate from the colony where the person is serving his sentence).

Example

Shevchenko A.B. and Shevchenko N.A. decided to get a divorce after two months of marriage. The couple had no children, and the list of joint property of the spouses included only gifts received during the wedding ceremony. The spouses decided not to enter into an agreement on the division of property due to its insignificance. The couple submitted an application to the registry office and a month later the marriage of the Shevchenko spouses was dissolved, and the woman decided to return her maiden name.

The spouses are given one month to consider their decision and, if necessary, to withdraw the application.

After this period, the divorce will be legalized, and each of the former spouses will receive a copy of the divorce certificate.

Divorce without division of property through the court

Divorce of spouses without division of property is carried out through the court if a couple has minor children or if one of the spouses does not have the consent of one of the spouses to dissolve the marriage (Family Code of Ukraine).

One of the parties to the marriage can file a claim in court, submitting the application personally or through his representative. A divorce case without division of property can be considered by the magistrate or district court at the place of residence of the defendant or plaintiff. If the spouses were unable to reach a consensus on the future fate of children born in marriage, the case will be considered by the district court.

Statement of claim for divorce through court without division of property

The statement of claim must indicate:

• the name of the court that will hear the case;
• information about the plaintiff and defendant (full name, date of birth, place of residence, etc.);
• information about the representative (if available);
• the name of the registration authority where the marriage was concluded;
• date of marriage registration;
• the presence of an agreement or prenuptial agreement that will allow, upon divorce through the court, not to consider the issue of division of property;
• the reasons that led to the intention to divorce (infidelity, facts of violence, etc.);
• facts confirming the above reasons for divorce (for example, a court decision to arrest a man for battery);
• list of witnesses in the case.

If the couple has children, then the statement of claim must indicate information about each child, as well as the presence or absence of an agreement on the residence of minors after the divorce.

When preparing for a lawsuit, the plaintiff needs to prepare two copies of the statement of claim (one for the court, the other for the defendant).

The claim and package of documents are submitted to the court office or sent by mail.

Documents for divorce through court without division of property

The package of documents for the court includes:

• passport (copy);
• marriage contract or agreement (if any) concluded before filing the claim;
• marriage certificate (copy);
• a copy of the children’s birth certificate (if any);
• a receipt confirming payment of the state duty in the amount (the defendant, for his part, also pays the state duty).

If necessary, at the request of a judicial authority, it will also be necessary to provide:

• certificate of income of the spouses;
• certificate of family composition;
• documents confirming ownership of property;
• other documents.

Court decision on divorce without distribution of property

Consideration of a divorce case without distribution of property usually begins a few weeks after the filing of the claim.

The case is heard by a judge in the presence of both partners, as well as witnesses and children (if any).

The judge may invite the spouses to a conversation to clarify some details of the agreements reached (including property ones). However, regardless of whether a conversation was held or absent, each party must provide a complete list of evidence in the case during court hearings.

The duration of the trial will ultimately depend on the mutual consent of the spouses to divorce, the volume of the plaintiff’s demands, the judicial workload, the presence of episodes of deliberate delay in the case by one of the parties, etc.

The court may give spouses the opportunity to resolve the conflict by giving them time to think for up to three months (Family Code of Ukraine). If at least one of the parties does not agree with such a proposal, the judge sets a hearing date and begins consideration of the case.

During the consideration of a divorce case, the court hearing may be postponed several times, but the total time for consideration of the case must exceed three months.

The court pronounces the verdict in the presence of both partners. If one of the spouses is absent without a good reason, the judge announces the decision without his participation.

As a result, according to a court decision, the claim may be:

• rejected;
• satisfied (fully or partially);
• discussed in subsequent meetings.

If the spouses do not agree with the court decision, they can appeal it within one month after the decision is made.

Answers from a lawyer about divorce without division of property

Divorce without division of marital property

Divorce without division of property often occurs in practice. This is due to both the conscious decision of the spouses and ignorance of the current family legislation.

Situations where a divorce takes place without dividing marital property include cases where the spouses entered into a marriage contract or agreement (before the divorce) or the division of property occurred after the dissolution of the marriage.

Spouses file an application for divorce with the registry office or resolve the issue in court. In the first case, a prerequisite for a successful divorce is the absence of disputes over property and children. In other cases, it is necessary to go to court.

A statement of claim, a certain list of supporting documents are submitted to the court office, and a state fee is paid in the amount.

The verdict passed by the court can be appealed by the parties within a month from the date of its adoption.