Family law.
Divorce, alimony, division of property, raising children, permits to travel abroad.
Practice05 / 09
About practice
Family law is faced by everyone at one time or another - divorce, alimony, division of property, issues about children. The approach of "Your Lawyer" is simple: first, maximum through negotiations and notarial agreements, then to the court - when there are no more alternatives left.
Lawyers at "Your Lawyer" have been working in family cases since 2008. Divorce through court, collection of alimony, division of joint property of spouses, disputes about children, marriage contracts, recognition and contestation of paternity, adoption issues.
Family cases are always emotional. The lawyer's task is to keep the legal side of things cool, even when the client is stressed. We calculate based on the real volume of work, without hype or "built-in" unnecessary procedures.
Divorce
If the spouses do not have minor children and both parties agree - the divorce is registered in the registry office. Quickly, without a court. If there are children or one of the parties does not agree - only through the court.
Separate scenarios: divorce with a foreigner (jurisdiction, recognition in another country), divorce when one of the spouses has disappeared or is recognized as incompetent. Preparation of a lawsuit, litigation in court, obtaining a decision and a certificate of divorce.
Alimony
The first option, which we always recommend, is a notarized agreement on the payment of alimony. Less conflict, easier execution, the ability to fix indexation and additional conditions. If an agreement cannot be reached, a lawsuit can be filed.
Alimony can be established either as a percentage of income or as a fixed amount - depending on the situation, the financial capacity of the payer, and the needs of the child. We also work separately with debt collection, penalties for late payment, and recalculation of the amount in case of changes in circumstances.
Division of marital property
As a general rule, all property acquired during marriage is joint property - regardless of who it is registered to. Exceptions: donated, inherited, purchased with personal funds of one of the spouses. It is often necessary to prove ownership of personal property separately.
Division can be formalized by agreement - through a notarial division agreement. This is faster and cheaper than a court. If there is no agreement - a lawsuit for the division of joint property. Preparation of a list of property, evidence of its ownership, valuation, formulation of requirements for shares.
Separately - a marriage contract. It can be concluded before or during marriage, regulates property issues in advance, including in the event of divorce.
Disputes about children
The most delicate category of cases. Most often: determining the child's place of residence after divorce, establishing the procedure for participation in upbringing (meeting schedule, joint upbringing), the issue of traveling abroad without the consent of the other parent.
In serious cases - deprivation of parental rights if there are grounds (prolonged failure to fulfill duties, violence, evasion of upbringing) and restoration of rights if the reasons have disappeared. All cases in this category are considered taking into account the interests of the child as a priority guideline.
Other family matters
Recognition of paternity - if the father is not registered in the birth certificate, but is actually the father. Disputing paternity - the opposite situation, when the entry is not true. In both cases, we prepare a lawsuit, work with evidence (documents, genetic examination by court decision).
Adoption is a separate procedure with a mandatory court phase, a conclusion from the guardianship authority, and a list of documents. We support you from the beginning (documents) until you receive a decision.
What we do in the practice of "family law"
Changing the amount of alimony through the court - increase or decrease
We file a lawsuit to increase or decrease the amount of alimony previously established by the court (Article 192 of the Civil Code) due to a change in the financial or marital status of one of the parties. We work on both the recipient and the payer side.
More Service 02Collection of alimony through the court
We collect child support or spousal support through the court - a fixed amount or a percentage of income.
More Service 03Establishing paternity through the court
We file a lawsuit to recognize paternity or establish the fact of paternity if the child was born out of wedlock and the father did not file a joint application with the Civil Registry Office. We work with DNA expertise, correct the official record, and simultaneously collect alimony.
More Service 04Disputing paternity through the court
We file a lawsuit to exclude information about the father from the birth certificate of the child, if you are not biologically the father. We work with DNA testing, and after a positive court decision, we cancel the accrued alimony.
More Service 05Deprivation of parental rights through the court
We file a lawsuit to deprive one of the parents of parental rights - if he evades child support, behaves cruelly, suffers from alcohol/drug addiction, refused to pick up the child from maternity leave without good reason (Article 164 of the Civil Code).
More Service 06Restoration of parental rights through the court
We file a lawsuit for the restoration of parental rights if the person was previously deprived of these rights and their behavior, lifestyle, and attitude towards raising the child have radically changed (Article 169 of the Criminal Code). We work with the conclusion of the guardianship authority and the opinion of the child.
More Service 07Adoption of a child in Ukraine - legal support
We support the procedure for adopting a child in Ukraine (Chapters 18-19 of the Civil Code, Resolution of the Cabinet of Ministers No. 905) - from collecting documents and obtaining a conclusion from the Children's Service to a court decision and registration of a new birth certificate.
More Service 08Determining the child's place of residence through the court
We file a lawsuit to determine the place of residence of a minor child with one of the parents (Article 161 of the Civil Code). We prepare an evidence base about the conditions of upbringing, security, moral qualities; we work with the conclusion of the guardianship authority and psychological and pedagogical expertise.
More Service 09Obtaining permission for a child to travel abroad
Through the court, we obtain permission for the child to travel abroad without the consent of the other parent or lift an illegal ban.
More Service 10Removing obstacles in communicating with your child
Through the court, we establish the procedure for communicating with the child and eliminate the obstacles posed by the other parent.
More Service 11Contracts in family law
We draw up marriage contracts, agreements on the division of property, alimony and child support - clear conditions and notarized certification.
More Service 12Division of marital property through the court
We divide the joint property of spouses through a court or notarial agreement - real estate, cars, business and debts.
More Service 13Divorce through court
We dissolve the marriage through the court, even without the consent of the other spouse - at the same time we resolve the issues of children and property.
More Service 14Marriage contract - preparation and notarization
We draw up a marriage contract before or during the registration of the marriage (Chapter 10 of the Civil Code) - we determine the regime of joint property, its division in the event of divorce, spousal support, and residence issues. We provide a notarized certificate.
MoreTypical customer situations
The most common scenarios we are approached with. Find yours and proceed to a full analysis with the procedure, deadlines, and practice.
Alimony can be charged in a fixed amount (Article 184 of the Civil Code) - useful when the payer's income is irregular or hidden. The amount is indexed annually. We tell you when it is more profitable than a share.
Read the full answerAlimony not paid? The law provides tools: a penalty of 1% per day (Article 196 of the Civil Code), travel restrictions if the debt is over 4 months, cars and weapons, criminal liability. We tell you how to collect the debt.
Read the full answerThe parents or the court decide who the child will live with after a divorce (Article 161 of the Civil Code). The father and mother have equal rights: the court takes into account the best interests of the child, not the gender of one of the parents.
Read the full answerThe amount of alimony can be changed through the court due to changes in circumstances (Article 192 of the Civil Code) - increase or decrease. We will talk about the grounds, change of method (share or fixed amount) and the role of a lawyer.
Read the full answerProperty acquired during marriage is joint property (Article 60 of the Civil Code), the shares are equal, but the court may deviate from equality. We explain what is divided, the methods of division, and the statute of limitations.
Read the full answerIs the other spouse against the divorce? A marriage can be dissolved through the court even without consent (Article 110 of the Civil Code). We tell you what the court finds out, the time limit for reconciliation, and what to do if the other spouse evades.
Read the full answerA husband or wife abroad is not an obstacle to divorce. We will tell you how to dissolve a marriage through the court (Article 105 of the Civil Code) if you or the other spouse is outside Ukraine.
Read the full answerThe amount of alimony is determined by the court based on the circumstances (Article 182 of the Civil Code). The minimum is 50% of the subsistence minimum per child, the maximum is 10. We tell you what the amount depends on and how to justify it.
Read the full answerAlimony is collected through the court in two ways - by court order (quick) or by lawsuit (full consideration). You can file without a divorce. We tell you what to choose and how a lawyer works.
Read the full answerDivorce in Ukraine - through the DRACS or the court. If there are children or there is no consent - only the court. We tell you the procedure, terms, documents and restrictions, and how to go through it with a lawyer.
Read the full answerWho needs this practice?
Divorced couple
With or without children, with conflict or by consent, in Ukraine or with a foreign element.
Party in the matter of alimony
Collection of alimony through a court or notarial agreement. The debtor defending his position or requesting a change in the amount.
Former spouses in a property dispute
Division of joint property, proof of personal property, marriage contract as prevention.
One parent in a dispute over a child
Place of residence, procedure for participation in upbringing, travel abroad, deprivation/restoration of parental rights.
Party in a special family situation
Marriage contract, recognition or dispute of paternity, adoption.
How we work
- 01
Briefing and assessment of circumstances
We analyze the situation: the relationship between the spouses, the presence of children, the composition of the property, the ultimate goal. This determines the entire further approach.
- 02
Attempting an out-of-court settlement
A notarized agreement on alimony, division of property, or a marriage contract - if the parties are willing to negotiate. This is often the best outcome.
- 03
Preparing a claim or response
Legal position, evidentiary basis, formulation of requirements. Special attention is paid to the interests of the child, if he is a party to the case.
- 04
Conduct in court
First instance, appeal if necessary. In family cases, not only the legal part is often important, but also the tone of the proceedings.
- 05
Solution implementation and follow-up support
Enforcement proceedings for alimony, registration of new civil status records, follow-up issues in the event of a change in circumstances.
Frequently asked questions
01 Is it possible to get a divorce without going to court?
It is possible if the spouses do not have minor children and both agree to divorce - then the registry office. In all other cases (there are children, one of the parties does not agree) - only through the court. Filing a lawsuit, court hearing, decision, obtaining a certificate.
02 How is the amount of alimony determined?
It depends on the form (share of income or fixed amount), number of children, financial capacity of the payer, needs of the child, presence of other dependents. The specific amount is established either by agreement of the parties in a notarial contract, or by the court - upon the claim of the collector.
03 Is it possible to restrict a child's travel abroad without the consent of the other parent?
Depending on the situation. In certain cases, departure is possible without consent (for example, if the other parent evades child support, there is a corresponding court decision). If the other parent blocks departure without legal grounds, you can apply to the court with a claim for permission to leave.
04 What about property acquired before marriage?
As a general rule, it is the personal property of the spouse who owned it before the marriage and is not subject to division. Exceptions: if during the marriage the property was significantly improved at the expense of joint funds or efforts (real estate repair, reconstruction), it may be recognized as joint or subject to compensation.
05 How does a marriage contract work?
This is a notarized agreement between spouses (or those who plan to marry), which fixes property rights during the marriage and in the event of its dissolution. It can establish that certain property remains personal to each spouse, or determine other shares than those provided for by law. It regulates only property, not personal relations.
Do you have any questions about this practice?
A partner of "Your Lawyer" will answer your questions during the working day with an assessment of the prospects and cost.