Divorce and division of property: what to do under Georgian law

What to do

1. Choose the route: where the spouses dispute the divorce, it is possible only through the court; in other cases — at the civil acts registration authority (Civil Code of Georgia, Art. 1123). A notary is also authorised to register a divorce (Law on Civil Acts, Art. 4). Under a joint application, the divorce is registered after 5 working days, if neither spouse withdraws in that period (Law on Civil Acts, Art. 60); the marriage ends from the moment the divorce is registered, not from the court decision (Law on Civil Acts, Art. 61).
2. Court divorce: during the wife's pregnancy and within 1 year after the child's birth, the husband may not file a divorce claim without her consent (Civil Code of Georgia, Art. 1123); the court may postpone the case and set a period for reconciliation — not more than 6 months (Civil Code of Georgia, Art. 1127); if minor children live with the plaintiff, the claim may be filed at the plaintiff's place of residence (Civil Procedure Code of Georgia, Art. 19).
3. What is decided together with the divorce: without an agreement, the court must, together with the divorce, determine with whom the children will live and the amount of maintenance (Civil Code of Georgia, Art. 1128); at a spouse's request, the court divides joint property together with the divorce (where third-party rights are involved — separately) (Civil Code of Georgia, Art. 1130).
4. Composition of property: property acquired during the marriage is joint ownership, unless the marriage contract provides otherwise (Civil Code of Georgia, Art. 1158); personal property — property acquired before the marriage and received during the marriage by inheritance or as a gift (Civil Code of Georgia, Art. 1161). Check the marriage contract: it is concluded in writing and notarised (Civil Code of Georgia, Art. 1174). Division: shares are equal, but the court may depart from equality (children live with one spouse, incapacity to work, wasting of joint property) (Civil Code of Georgia, Art. 1168).
5. Deadlines and protection: the limitation period for the divorced spouses' claims for division is 3 years (Civil Code of Georgia, Art. 1171); securing the claim — attachment of the defendant's property, securities and money (Civil Procedure Code of Georgia, Art. 198); during the proceedings — interim court orders (children, contact, maintenance, housing) (Civil Procedure Code of Georgia, Art. 355).
6. Where to apply: civil acts registration authority (Public Service Development Agency) or a notary — if there is no dispute; district (city) court — if there is a dispute.
7. Evidence: marriage certificate and children's birth certificates, extracts from the Public Registry, purchase agreements, bank statements (source of funds — personal or joint money), the marriage contract, evidence of income and of expenses for the children.
8. Pitfalls: a dispute on even one issue rules out a non-judicial divorce; an apartment registered to one spouse does not become personal — the time and source of the purchase matter; without securing the claim, the other spouse may sell or mortgage the property before division; missing the limitation period for division after the divorce.

Be sure to check

• divorce at the civil acts registration authority or with a notary if there is no dispute, versus court if there is a dispute
• what the court decides together with the divorce (children, maintenance, division of property)
• joint versus personal property, equal shares and the marriage contract
• the 3-year limitation period for division and security measures for the claim