Division of Property Between Spouses in Ukraine: Legal Framework and Court Practice
Anna Rozhdestvina-Smuk, Partner, Lions Lawyers
Publication
Division of property between spouses in Ukraine is governed by a codified legal framework that regulates ownership, valuation, and allocation of assets acquired during marriage.
In practice, such disputes often extend beyond residential property to include business interests, corporate shares, bank accounts, and cross-border assets, making proceedings both financially and procedurally complex.
Ukrainian courts apply a presumption of equal division of jointly acquired property, while also considering factors such as the interests of minor children, financial conduct of the spouses, and contributions to asset accumulation.
For foreign nationals and high-value families, early legal structuring, asset tracing, and interim protective measures are essential to safeguard financial interests and ensure enforceable outcomes in property division proceedings.
Division of marital property is one of the most contested aspects of family disputes in Ukraine, particularly where spouses hold significant assets, business interests, or property located across multiple jurisdictions.
For foreign nationals and mixed-nationality couples, property division proceedings often involve additional layers of complexity, including cross-border asset tracing, valuation disputes, and enforcement of court decisions abroad.
Understanding the legal framework governing spousal property rights is essential for protecting financial interests during divorce or separation.
Division of property between spouses in Ukraine is legally structured but factually complex — particularly where high-value, corporate, or cross-border assets are involved.
Strategic legal planning, financial disclosure analysis, and early protective measures are essential to securing equitable outcomes and preventing asset dissipation.
Legislation
Family matters in Ukraine are governed primarily by:
-The Family Code of Ukraine
-The Civil Procedure Code of Ukraine
-International treaties ratified by Ukraine
Ukraine is a party to several Hague Conventions relating to child protection and international child abduction, which significantly affect cross-border disputes.
1. Legal Framework
Marital property relations in Ukraine are governed primarily by the Family Code of Ukraine and related civil legislation.
Ukrainian law distinguishes between:
Joint marital property — assets acquired during marriage
Personal private property — assets owned individually
Unless otherwise agreed, spouses are presumed to hold equal rights to jointly acquired property.
2. What Constitutes Joint Marital Property
Joint property typically includes:
Residential and commercial real estate
Land plots
Vehicles
Bank deposits and savings
Corporate shares and business interests
Securities and investment assets
Household valuables
Ownership registration in the name of one spouse alone does not negate joint ownership if the asset was acquired during marriage.
3. Personal Private Property of a Spouse
Assets not subject to division generally include:
Property acquired before marriage
Gifts received individually
Inherited assets
Personal compensation payments
Individually owned intellectual property rights
However, disputes may arise where marital funds contributed to improving or maintaining such assets.
4. Equal Division Principle
As a general rule, Ukrainian courts divide joint marital property on a 50/50 basis.
However, courts may deviate from equal division where justified, including:
One spouse’s failure to contribute to family welfare
Concealment or dissipation of assets
Interests of minor children
Misuse of marital property
Deviation requires substantiated legal and evidentiary grounds.
5. Division of Business and Corporate Rights
Where one or both spouses hold corporate shares or business interests, courts may:
Recognise joint ownership of shares
Award financial compensation to the non-participating spouse
Order valuation of the business interest
Such disputes often require forensic accounting and corporate valuation expertise.
6. Cross-Border Property and Asset Tracing
In international marriages, marital assets may be located in multiple jurisdictions.
Common cross-border division issues include:
Foreign real estate
Offshore companies
Bank accounts abroad
Cryptocurrency holdings
Legal coordination may be required to:
Identify assets
Freeze property
Enforce Ukrainian judgments internationally
7. Contractual Regulation: Prenuptial Agreements
Spouses may regulate property relations through marital agreements concluded:
Before marriage, or
During marriage
Such agreements may define:
Ownership regimes
Division mechanisms
Financial obligations
Courts generally uphold prenuptial agreements unless they violate mandatory law or public policy.
8. Litigation Procedure
Property division may be addressed:
Within divorce proceedings, or
Through separate civil litigation
Courts assess:
Asset acquisition timing
Source of funds
Ownership documentation
Valuation evidence
Interim measures may be granted to prevent asset disposal during proceedings.
9. Conclusion
Division of property between spouses in Ukraine is legally structured but factually complex — particularly where high-value, corporate, or cross-border assets are involved.
Strategic legal planning, financial disclosure analysis, and early protective measures are essential to securing equitable outcomes and preventing asset dissipation.
Lions Lawyers - Ukraine
Our Family Law Practice
Lions Lawyers represents Ukrainian and foreign clients in complex family disputes, including cross-border divorce, child custody conflicts, and international enforcement matters.
We provide:
Divorce and property division litigation
Child custody and visitation proceedings
International child relocation and abduction defence
Cross-border asset tracing
Recognition and enforcement of foreign judgments
Strategic negotiation and settlement structuring
Our team combines litigation experience with cross-border legal coordination to protect both personal and financial interests in sensitive family matters.
Early legal intervention significantly strengthens positioning and reduces long-term procedural risks.