- Court fee for divorce in Ukraine
- The amount and procedure for paying the state duty in case of divorce in Ukraine
- The amount of the state duty in Ukraine
- How to pay the court fee for divorce in Ukraine?
- Divorce court fee in Ukraine
- Court fee or state fee for divorce in Ukraine
- Methods of payment of court fees in case of divorce in Ukraine
Court fee for divorce in Ukraine
In the article “Court fee in case of divorce” I will tell you about the amount and procedure for paying the court fee in case of divorce, methods of paying the court fee in case of divorce, how to pay the court fee in case of divorce, as well as the court fee or state fee in case of divorce in Ukraine.
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The amount and procedure for paying the state duty in case of divorce in Ukraine
The amount of the claim is the monetary value of the claims filed in a divorce. The amount of the application must be indicated by the plaintiff in the statement of claim. When specifying the size, the plaintiff must justify it.
As a rule, the amount of the court fee for a divorce is indicated in UAH, but it is possible to indicate it in foreign currency (for example, if a non-resident files a claim).
The correct determination of the amount of the claim for divorce is a pledge not only of the proper payment of the amount of the court fee, but also of the effective protection of the rights and interests of the plaintiff. That is why, if the plaintiff obviously incorrectly determined the amount of the court fee and paid it based on the actual value of the property or is unable to do so at the time of the appeal, the court preliminarily determines the amount of the claim.
The amount of the state duty in Ukraine
According to Article 1 of the Law, court fee is a fee collected throughout Ukraine for filing applications, complaints, for issuing documents, as well as in the case of certain court decisions provided for by this Law.
So, the court fee in a divorce is a fee collected from the participants in the case. Payers of the state duty are citizens of Ukraine, foreigners, stateless persons, enterprises, institutions, organizations, other legal entities (including foreign ones) and individuals – entrepreneurs who apply to the court or in respect of whom a court decision has been made (Article 2 of the Law ).
The Law defines the objects of collection of the court fee and objects from which the court fee is not charged:
- the size of the rates of the court fee;
- benefits for payment of court fees;
- procedure for paying court fees, etc.
The court fee is not paid for the petition of the participants in the case. The law establishes several ways to determine the court fee in case of divorce:
- the court fee is levied in the corresponding amount of the subsistence minimum for able-bodied persons established by law as of January 1 of the calendar year in which the corresponding application or complaint is filed;
- as a percentage of the amount of the claim;
- in a fixed size.
How to pay the court fee for divorce in Ukraine?
How to pay the correct court fee for divorce? In practice, the plaintiff often underpays the amount of the court fee than overpays. The additional payment of the court fee must be carried out in accordance with the amount of the claim, which has been established by the court. The Civil Procedure Code clearly defined how the additional payment of the court fee should be procedurally formalized: a decision is made to leave the statement of claim without movement and the amount to be paid is indicated.
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Divorce court fee in Ukraine
In order for the plaintiffs not to make mistakes in determining the court fee, there are criteria for determining the amount of the claim depending on the stated requirements and the subject of the dispute.
However, in practice, sometimes decisions are made to open proceedings on a case, with the determination of the amount and date of the additional payment of the court fee.
Court fee or state fee for divorce in Ukraine
It should be noted that in case of divorce, the plaintiff must pay the court fee in accordance with the Law of Ukraine “On court fee”, and add a receipt for payment of the court fee to the package of documents.
If the divorce is carried out by the registry office, then it is necessary to pay the state fee established in accordance with the Decree of the Cabinet of Ministers of Ukraine dated January 21, 1993 No. 7-93 “On the state fee”.
Methods of payment of court fees in case of divorce in Ukraine
The court fee for filing an application for divorce is paid at the institution no later than the day the statement of claim is filed. Also, the court fee can be paid online on the website “Judicial Power” and attach an electronic receipt along with the statement of claim if the documents are sent online and certified with an electronic digital signature.
The situation is similar with the payment of the state duty in the registry office. The state fee can be paid at a banking institution or online on the web portal “Citizens’ appeals in the field of state registration of acts of civil status.”
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Useful site materials advokat-family.com.ua:
- Establishment of the regime of separate residence of spouses
- Credit and divorce – How to divide debts after divorce
- Choosing a surname after divorce
- Surnames of husband and wife after divorce
- Persons who cannot be married to each other
- Recognition of divorce as fictitious
- The moment of termination of a marriage in the event of its dissolution
- Termination of marriage due to its dissolution
- Grounds for divorce through the court