Division of marital property before divorce

Ukrainian law expressly permits spouses to divide jointly owned property before the marriage is dissolved. Under Article 69(1) of the Family Code of Ukraine, husband and wife may divide property held in joint matrimonial ownership regardless of whether the marriage has ended.

How division can be carried out

• By concluding a notarised agreement on the division of property.
• By bringing a claim before the court.

It is important to understand that dividing matrimonial property does not in itself imply an intention to divorce. It may simply be a way to clarify ownership rights, protect each spouse's interests, or earmark assets for business activity or other legal and economic purposes.

In some cases the division of property even precedes the divorce itself. This approach allows the parties to settle their property rights clearly and avoid further disputes down the line.

It is also worth noting that divorce proceedings are typically heard by the courts much faster than disputes over the division of joint property.

In short, spouses are entitled to divide their joint property at any time — including while still married — without any need for a simultaneous or subsequent divorce.