The lawyer told what every woman should know when divorcing. In what cases does the law protect the weaker sex, what rights a woman has when dividing property and paying alimony from her ex-husband.
Couples do not come to divorce proceedings from a good life. As a rule, this difficult decision is preceded by a series of misunderstandings, quarrels and scandals in the family. Therefore, not many are able to disperse amicably. Especially if the family has children and joint property. Most often, such cases are resolved through the courts. And here it is very important to take into account the following: formally in Ukraine, the rights of spouses are equal both in family life and after its completion. That is, the law does not provide for any special guarantees for a woman in case of divorce. However, there are basic rights that she can exercise to protect herself and the child. We were told about them by the head of the practice of settlement of litigation at the law firm "Absolute" Anna Popkova.
The right to divorce without trial
The couple has the right to divorce without trial / istockphoto.com
If the family does not have children, for divorce they need to submit an application to the registry office at the place of registration of one of the spouses. The joint application is submitted in advance, 30 days before the divorce. On the appointed day, both spouses must appear at the registry office to confirm their intentions and break the marriage. At the same time, it does not matter today whether there is a property conflict or any other claims between the spouses. The divorce will still be registered, but all controversial issues will be resolved ex post facto in court.
The right to divorce without the consent of the husband
Mutual consent in divorce is a thing that significantly speeds up the divorce process. But a woman has the right to file for divorce unilaterally. This is possible if the second spouse is recognized as missing, incapacitated, or he is convicted of a crime and imprisoned for more than 3 years. In this case, you also do not need to go to court: such divorces are also processed through the registry office. In all other cases (if the spouse is alive, healthy, not convicted and is in a sober mind and memory), divorce without the consent of the other half is possible only through a court.
The right to ask for a time limit for reconciliation
A woman has the right to ask for a time limit for reconciliation / istockphoto.com
If a woman does not want a divorce and hopes improve relations with husband, she has the right to ask the court to appoint them a time limit for reconciliation. Most often, such a period is set for a month, then a new meeting is scheduled. If during this time the spouses failed to reconcile, the period at the discretion of the judge may be extended. In practice, the longest "conciliatory" period is no more than six months. There is also a downside to the coin: the spouse who wants a divorce can ask for a reduction in the period for reconciliation. It all depends on the reasons that the couple will provide to the court.
The right to refuse divorce during pregnancy
According to the law, the husband cannot file for divorce if the wife is pregnant or raising a child up to one year old. Even if he really wants to, he will simply not accept a divorce petition. The only exception is if he proves that he is not the biological father of the baby. That is, that the wife became pregnant or gave birth to a child from another man. These should not be empty words, but a documented medical study. Also, an exception to this rule is considered cases when a husband beats his wife and child or commits other illegal actions in relation to them. Here the wife is already filing for divorce, and the claim will be accepted regardless of the child's age.
The right to agree on the child's accommodation upon divorce
Spouses can agree with whom the child will stay / istockphoto.com
Common children under the age of 18 are the main grounds for divorce through the courts. At the same time, spouses can avoid conflicts and lengthy meetings. To do this, they need to first conclude an agreement on who the child will stay with after the divorce, on what conditions the second of parents will meet with the child and take part in his upbringing, as well as what part he will take in the maintenance of the child. At the same time, it must be remembered that both husband and wife have equal rights in relation to common children: that is, a child, by mutual agreement, may well stay not with his mother, but with his father. However, in case of controversial issues, a woman (if she properly fulfills her maternal responsibilities) has an advantage over her husband in this matter.
The right to claim child support
The alimony agreement must be certified by a notary / istockphoto.com
By law, the parent with whom the child is left to live is entitled to a quarter of the income of the other parent. This issue can be settled amicably, before the court session: for this you need to submit to the court a notarized agreement on the amount of alimony. By agreement of the parties, payments for a child can be fixed in a fixed amount or tied to the amount of income. If the spouse opposes and does not want to bind himself with such an obligation, alimony will be collected from him forcibly, on the basis of the notary's executive note. This is not always a good decision (taking into account the level of our white salaries and the shadow economy), so try to negotiate with your spouse about a specific amount and fix it in the contract.
The Right to Claim Alimony for Oneself
A woman can ask for content for herself / istockphoto.com
Not everyone knows that, according to the law, one of the spouses, after a divorce, has the right to demand material assistance from the second spouse for his maintenance. There are criteria in the Family Code for this assistance:
- if a woman, due to the upbringing of children, housekeeping and caring for family members, could not receive an education, work and hold relevant positions
- if a woman became disabled before the divorce or within a year after it
- if a woman earned a disability before the divorce or within a year after it, and her husband is to blame for this disability by his illegal actions
- if at the time of the divorce, the woman has no more than five years to retire (in this situation, she gets the right demand maintenance from her husband after reaching a pension and on the condition that they have lived together for at least 10 years)
The right to maintenance remains with the woman for three years after the divorce, and may be lost in if a woman remarried (which is logical) or resumed her working capacity (which doubtful). In this whole barrel of honey there is only one fly in the ointment: the legislation stipulates that one of the spouses can provide the second material assistance, provided that he is “able to provide this material help". As in the case of child support, in our country this is a very, very subjective interpretation, so try to secure yourself with a written maintenance agreement.
Right to half of joint property
Sometimes the woman gets more in the property section / istockphoto.com
Along with alimony, the most exciting issue for a woman is section of joint property. After all, it often happens that a woman gives all the time to the family and raising a child, while her husband works and earns money at this time. The law stipulates that all property purchased in marriage must be divided in half, regardless of whether the other spouse had a valid reason for the lack of his earnings. Moreover, even the property that one of the spouses owned before marriage can become jointly acquired in the course of married life:
- if the property in the course of living together significantly increased in value (for example, a house was built on a summer cottage that belonged to the husband)
- if one of the spouses, with their labor or money, took part in the maintenance of this property (the wife worked in the country every year and kept the plot and the house in order)
As a rule, when the property is divided, the parts of both spouses are considered equal. However, there are times when the court can deviate from the principles of equality and determine one of the spouses more than the other. This happens if one of them did not care about the material well-being of the family, did not accept participation in the upbringing of children, evaded their maintenance, deliberately damaged or destroyed the family property. Also, the court can award most of the property to that of the spouses with whom disabled adult children remain after a divorce.
The right to share common debts
Not only property is subject to division, but also debts / istockphoto.com
It is important to remember that in a divorce, not only common property and income are shared between spouses. Expenses and expenses "earned" during marriage are also to be divided in half. If you took out a loan from a bank or borrowed a large amount from friends or relatives (in this case, there must be a notarized receipt), you need to repay the debt together. True, for this it will be necessary to prove that the borrowed money was spent on general needs. In this case, you can agree with the bank and "divide" the debt, or one of the spouses will be able to pay off the entire amount, and the other will pay him compensation.
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