A client from Britain approached us regarding a matter regarding the division of property in a divorce.

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Sydorova Iryna Mykolaivna

Lawyer

United Kingdom / London

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Publication date: 27.03.2025

My name is Irina Sidorova and I am a lawyer based in London. I have over 18 years of experience in law and prior to moving to the UK I specialized in litigation, corporate support, contract analysis and drafting, and commercial legal support. My expertise includes a detailed analysis of legislative changes and their effective application to protect clients' interests. Thanks to my strategic approach, knowledge of the law and practical experience, I help to avoid legal risks and achieve stability in legal matters.

Input Data: The client filed a lawsuit for the division of property acquired during the marriage. The former husband attempted to evade the lawful distribution by presenting false evidence in court regarding the origin of the disputed property in an effort to prove it was his personal property.

Legal Aspects: Determination of the legal status of property acquired during marriage. Proof of joint acquisition of property by spouses. Refutation of false evidence and identification of its inconsistency with the actual circumstances of the case.

Lawyer’s Actions: A detailed analysis of documents confirming the acquisition of property was conducted. Additional evidence was collected, including financial statements, purchase agreements, and witness testimonies. The falsity of the evidence provided by the defendant was identified and proven. The client’s interests were successfully represented in both the first-instance and appellate courts.

Result: The court recognized the property as joint marital property and ruled in favor of the client, ensuring a fair division. The appellate court upheld the decision, confirming the legality of the client’s claims.

Proof of Joint Acquisition of Property by Spouses

Proving the joint acquisition of property by spouses is crucial in cases of divorce, property division, or inheritance disputes. Key points to consider:

Presumption of Joint Property

According to Article 60 of the Family Code of Ukraine, property acquired during marriage is presumed to be joint marital property unless otherwise stipulated by contract (such as a prenuptial agreement) or by law.

Evidence of Property Acquisition During Marriage

To prove joint acquisition of property, the following evidence is necessary:

• Property documents – purchase agreements, ownership certificates, registry extracts, mortgage agreements, etc. 
• Financial documents – bank statements, payment receipts, proof of joint expenses.
• 
  Witness testimonies – statements from witnesses confirming joint use and financial contributions.
• 
  Income documentation – salary certificates, tax declarations proving the ability to acquire property during marriage.
•  Joint expenses for property improvement – renovation work, upgrades, which confirm investment by both parties.

Exceptions: Personal Property of One Spouse

Personal property includes:

1. 
   Property acquired before marriage.
2. 
   Inherited or gifted property.
3. 
   Property purchased with personal funds, if proven.
4. 
   Property acquired during the period of separate living when marital relations were effectively terminated.

Statute of Limitations for Property Division

The statute of limitations for property division in divorce cases is 3 years. The countdown begins not from the date of divorce but from the moment the individual became aware (or could have become aware) that their right to a share of the joint property was violated.

What Services Does a Divorce Lawyer Provide?

1. Preparation of a divorce petition.
2. 
   Drafting and filing a claim for property division.
3. 
   Court representation.
4. 
   Legal support during negotiations.
5. 
   Challenging unlawful actions of the other spouse (hiding assets, document forgery, etc.).

Liability for False Evidence

Providing false evidence in court is a serious offense that may lead to legal consequences.

• Criminal Liability – presenting falsified evidence may be considered document forgery (Article 358 of the Criminal Code of Ukraine) or misleading the court (Article 384 of the Criminal Code of Ukraine – false testimony). The penalties include fines, restriction of liberty, or even imprisonment.
• 
  Civil Liability – the court may reject falsified evidence and impose legal costs on the party attempting to use them.

How to Challenge False Evidence?

If an opponent in court presents forged documents or false testimony, the following steps can be taken:

1. File a motion to verify the evidence – request an expert examination of documents or summon witnesses for questioning.
2. 
   Present counter-evidence – submit authentic documents or other proof to refute the false claims.
3. 
   File a police report – report the falsification (document forgery, false testimony).
4. 
   Appeal the court decision – if the ruling was based on falsified evidence, there are grounds for filing an appeal.