A master class for NAU students by a judge of the Kyiv Court of Appeal

On 22 May 2023, judge of the Kyiv Court of Appeal Tamila Pysana held a master class on "Peculiarities of consideration of civil cases on the division of marital property" for students of the Master's degree program of the NAU Law Faculty.

"In each case of marital property division, it is necessary, firstly, to determine the amount of property that the parties wish to divide. It should be borne in mind that this is not always all the property that, for example, the plaintiff claims for division, as the defendant may specify other objects of division in a counterclaim. Secondly, the court must find out for each object whether it is an object of joint property or personal property of one of the spouses!" the judge noted during her report.

Tamila Pisana emphasised that the property that is the subject of the right of joint ownership of spouses is divided between them in kind. It is unacceptable when there are several objects, for example, several apartments, and the court recognises 1/2 of each object for each spouse. "Thus, we do not resolve the dispute on the merits," the judge said.

In addition, during the conversation, Tamila Pysana raised the issue of deviations from the equality of shares in the marital property. She noted that these provisions should not be confused with an increase in the share in the property of one of the spouses as a result of its acquisition, including for personal funds.

The judge also shared her practical experience in handling civil cases in general and marital property division in particular. "One of the main factors in the work of a judge is an individual approach to each case using the principle of the judge's internal conviction," the speaker noted.