Property of spouses is in different jurisdictions (countries)

Often, in resolving family disputes arising from international marriage, it is necessary to apply Ukrainian law. Clients have local lawyers abroad with whom we are ready to communicate directly or with the participation of the Client.

We can select the legislation and case practice required to protect the interests of the Client.

As a result, the foreign court can make a decision with reference to the articles of the Ukrainian codes.

- Real estate is divided by the courts of the countries where it is located.

For example, if spouses have property in Ukraine, Italy, and the United States, and if they do not agree to enter into a notarized property division agreement, then it will be three different courts in three countries on different property items. The Ukrainian court has no jurisdiction to divide property in Italy and vice versa.

We have such processes in the proceedings.

It should be understood here that if a family divorces in Ukraine, the division of Ukrainian property abroad will take place according to Ukrainian legislation. In such cases, we order the extracts from our Family and Civil Procedure Code in the Ministry of Justice, translate them and submit them to a foreign court.

- The spouses often reporte to foreign courts on the availability of real estate in Ukraine in the marital property dividing and this property is taken into account.

Sometimes foreign courts require to provide evidence of existed real estate in Ukraine.

Unfortunately, it is not yet possible to obtain an apostilled extract from the register of real property rights in Ukraine. Therefore, we proceed from the situation by providing our clients with an affidavit (sworn testimony) from an advocate. The affidavit acts as an official document that certifies the validity of the document and its compliance with the law (ie, an extract from the register of real property rights).