5. Dissolution of marriage

Marriage is stoped as a result of death of a wife or a husband or when a husband or a wife is declared as dead by a court, and also as a result of divorce.

Divorce is realised on the application of one of the married couple or them both on the basis of the decision of the register office or on the basis of the decreet (decision of a court).

If there is no moot case about property and there is an agreement about divorce and a child, who is not a minor (a place for the child or children to live), between a wife and a husband, the case about dissolution of marriage must be explained by the register office. The married couple must hand the application about dissolution of their marriage and after 1 month after it they must come back to the register office to give the Certificate about dissolution of marriage. In this case the Certificate about dissolution of marriage certifies dissolution of marriage.

In the register office divorce is conducted with the people, who were declared absent without trace (missing) or incompetent in accordance with the decision of the court.

If there is a moot case about property or children, or if even one of the children is under 18, or when there is no mutual agreement about divorce, a court must decide this case. The lawsuit about dissolution of marriage (divorce) may be present of each of the married couple, but it may not be presented during pregnancy of a wife and during 1 year after birth of a child, except cases, when one of the married couple committed crime in relation to the second or a child.

Before dissolution of marriage a court finds out all reasons and motives of divorce, takes all due measures for reconciliation of the married couple. If there will be no reconciliation between a husband and a wife in term from 2 till 6 months, a court passes a decision about divorce. The court takes into account interests of the children. In this case the decree of a court about divorce certifies dissolution of marriage.

Marriage is stoped in the day when the register office passes a decision about divorce or in the day when a decision of a court about divorce enters into a force.

6. Dissolution of marriage and division of property of the married couple

There are such general rules of division of property of the married couple.

Property, which is a personal private ownership of a wife and a husband, is non divided.

In accordance with the article 57 of the Family code of Ukraine next property is not divided:

1) property, which was bought by her or him before marriage;

2) property, which was acquired by her or him in time of marriage, but on the basis of donation or inheritance;

3) property, which was bought by her or him in time of marriage, but for money that belonged to her or him personally;

4) a dwelling, which was acquired by one of the married couple in time of marriage as a result of privatization of the state fund;

5) a part of land, which was acquired by one of the married couple as a result of gratis transmission from public or communal domain or privatization.

The individual things, the precious stones and other valuables, even when they were bought for common money of the married couple are the personal private ownership of a wife or a husband. Bonuses, rewards, that were got by a wife or a husband in time of marriage also are personal private ownership of a wife or a husband.

However in decision of a court it is possible to admit for second from the married couple a right on the part of this bonus or reward, if it will be set that he or she assisted by his or her actions to receive such a bonus (conduct of housekeeping, education of children etc.).

Money for the compensation of damage of the thing, which belonged to her or him, or the compensation for the moral harm, insurance compensation are personal private ownership too.

Property, which is common combine ownership of a wife and a husband, is divided.

In accordance with the article 70 of the Family code Ukraine in case of division of property, that is the object of right of common combined ownership of the married couple, the parts of property of a wife and a husband are equal, if there is no other agreement between them or in accordance with the marriage contract.

The part of property of a wife and a husband may be increased in the decision of a court, if children or the adult disabled son or daughter live with a wife or a husband and there is not enough alimony for their physical, spiritual, development and treatment.

If the cost of property of a wife or a husband substantially increased in time of marriage as a result of common labour or money expenses or expenses of the second from the married couple, it may be declared the object of right of common combined ownership of the married couple in a decision of a court.

Salary, pension, grant, other profits, which were got by a husband or a wife are the objects of right of common combined ownership of the married couple.

If one of the married couple contracted an agreement in interests of the family, money, other property, including fee, winning, which were got by this agreement, are the objects of right of common combined ownership of the married couple.

The things for professional occupation (musical instruments, office equipment, medical equipment etc.), which were bought in times of marriage for one of the married couple, are the objects of right of common combined ownership of the married couple.

Property that is the object of right of common combined ownership of the married couple is divided between them in natural form. If a wife and a husband did not agree about the order of division of property, this case may be decided by a court. It is possible to compensate money to a wife or a husband. He or she must bring money sum on the deposit account of a court. It is main condition of the compensation.

There is a time limitation (prescription) for the requirement about the division of property after dissolution of marriage. This term is 3 year. After this term it is considered that there is no claim of property character in relation to the division of common combined property.

In accordance with the article 69 of the Family code of Ukraine a wife and a husband have a right on the division of property that belongs to them on the right of common combined ownership, regardless of dissolution of marriage. They have a right to divide property on mutual consent. This agreement about division of a dwelling-house, an apartment, other real estate must be certificated by a notarial.