Divorce in a closed court session in Ukraine
In the article “Divorce in a closed court session” I will tell you what a lawyer’s secret is, what constitutes a divorce in an open court session, what are the conditions for considering a divorce case in a closed court session in order to dissolve the marriage, no one knew.
Be sure to read the article “Divorce in a closed judicial edition” on the website advokat-family.com.ua to the end and learn a lot of interesting things about a divorce in a closed judicial edition.
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What is attorney-client privilege in Ukraine?
The concept of advocate secrecy is enshrined in the Law of Ukraine “On the Bar and Advocate Activity” dated 05.07.2012. Advocate secrecy implies information about the client, which became known to the lawyer, his assistant, trainee and other employees of the lawyer during the client’s request for legal assistance.
Documents, information, information that can be stored on electronic media, obtained by a lawyer during the practice of lawyers, also refer to lawyer secrecy and are not subject to publicity.
On the basis of a written application from the client, documents and information about him may lose the status of an attorney’s secret.
The obligation to keep attorney secrets extends to the attorney, his assistant, trainee and other employees of the attorney / law office. A lawyer must create the necessary conditions so that attorney secrecy is not available to unauthorized persons. Thus, before resorting to the services of a legal specialist, you should figure out how to choose a good lawyer or divorce lawyer?
Divorce in open session through the court in Ukraine
In most cases, divorce proceedings take place within the framework of an open court hearing. 7 by the Civil Procedure Code of Ukraine. The consideration of cases in court is carried out openly and orally.
Absolutely every citizen of Ukraine can be present during an open court hearing. The court has the right only to demand a document proving the identity of the person present.
The court may ask to leave the person who interferes with the conduct of the court session or violates the order in the court. Persons who are present at the court session, representatives of the media can take photos, videos and audio recordings without a separate permission from the court.
Live broadcasting, including through the use of social networks, is possible only after a court ruling.
Photo and video filming, broadcasting of the court session must take place without hindrance for the conduct of the divorce proceedings.
Conditions for considering a divorce case in a closed court session in Ukraine
The main conditions for the consideration of the case in a closed court session are established by Part 7 of Art. 7 of the Civil Procedure Code of Ukraine, namely:
- when an open judicial examination of a case may result from the disclosure of secret information;
- to preserve the secrecy of adoption;
- for non-dissemination of information about intimate aspects of life or information that offend the honor and dignity of the participants in the case.
To hold a closed court session, the participants in the process must draw up a petition. Such a meeting can rightfully be called secret.
Personal papers, telegrams, telephone conversations and other correspondence may be read out in a closed court session only on the basis of the consent of the parties to the case.
As part of the decision to hold a closed hearing of the divorce case, the court may announce a session in full or partially closed.
During a closed hearing of the case, the participants may be present at the court session, as well as, if necessary, a witness, expert, specialist and translator in case of divorce.
The court warns about non-disclosure of information received at a closed session.
Video, photo and audio recording, live broadcasting of a closed meeting is unacceptable.
The divorce judgment made in the framework of an open court hearing is announced publicly. In turn, if the case was considered in a closed court session, then the introductory and operative part of the court decision is publicly announced.
We recommend that you familiarize yourself with the website of the family lawyer Scriabina D.S. also with such topics: divorce, alimony, division of property of spouses, deprivation of parental rights, divorce abroad, divorce and alimony, divorce online, divorce by mutual consent, turnkey divorce, divorce from children, divorce from a prisoner, divorce from a foreigner, divorce through the registry office.
How to get a secret divorce so that no one knows in Ukraine?
Based on practice, lawyers argue that a divorce can be called secret when the defendant does not live at the place of his registration.
As you know, in order to determine the territorial jurisdiction of a divorce case, it is necessary to consider Art. 27 of the Civil Procedure Code of Ukraine. Based on the provisions of the article, one can come to the conclusion that the divorce case will be dealt with by the court at the place of residence of the defendant.
Having accepted the claim for divorce for consideration, the court sends a request to the address bureau to confirm the defendant’s place of residence and notify all parties in the case about the commencement of proceedings. The court sends a summons to this address with information about the date and time of the court session. Accordingly, if the defendant does not live at the registered address, he does not appear at the court session and does not notify the court of the reasons for failure to appear, then the court places an announcement to summon a person whose place of residence / location is unknown on the Judicial Power website in the section – Citizens. Thus, the divorce occurs unilaterally due to the fact that the second of the spouses may not always be notified of the initiation of proceedings with his participation.
Consulting a professional divorce lawyer is a guarantee of your success. Contact the lawyers of our company in any way convenient for you – call or write to messengers. We will help you resolve your issue quickly and efficiently.
If you have a need for advice or paid services of a lawyer, then contact the messengers listed in the contacts section.
If you have any questions, then write them to us by e-mail skriabinadvokat@gmail.com and I will definitely answer you.
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Useful site materials advokat-family.com.ua:
- Dissolution of marriage with a foreigner in Ukraine
- How to apply for divorce online
- Dissolution of marriage without the consent of the husband
- Divorce with a prisoner
- Divorce without presence
- Divorce through the court without children
- How to return a maiden (premarital) surname after a divorce
- Terms of the divorce
- State registration of divorce
