- How to apply for divorce through the court or through the registry office in Ukraine?
- Is it possible to draw up an application for divorce by yourself using a sample in Ukraine?
- The procedure for filing a statement of claim for divorce unilaterally in Ukraine
- Apply for divorce with children online in Ukraine
- How to draw up a statement for divorce in the registry office in Ukraine correctly?
- Price of a statement of claim for divorce in the court in Ukraine
In the article “Application for divorce through the court” I will tell you how to apply for divorce in court or the registry office, whether you can draw up an application for divorce yourself using a sample, the procedure for filing a claim for divorce unilaterally, how to apply for divorce from children online, how to correctly draw up an application for divorce in the registry office, how much does a statement of claim for divorce cost in court.
Be sure to read the article on the website advokat-family.com.ua “Application for divorce through the court” to the end and learn a lot of interesting things about drawing up an application for divorce through the court.
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How to apply for divorce through the court or through the registry office in Ukraine?
The first question that spouses have is where to apply for divorce? State bodies competent to resolve the issue of marriage dissolution are the court and the registry office.
A more simplified procedure for marriage registration is one which is formalized by the registry office. How to file a divorce statement – the main condition is the absence of common minor children and a common consent of the spouses.
If you have children or if you don’t have, but between spouses there is no agreement, you also need to go to court. A common statement should be submitted to the registry office and to the court, subject to general agreement. Otherwise, it is necessary to draw up a statement of claim to the court using a sample.
Is it possible to draw up an application for divorce by yourself using a sample in Ukraine?
Is it possible to draw up a statement of claim for divorce using a sample without a help of a lawyer or attorney based on the samples from the Internet resources? Yes, of course.
But you need to understand what risks may arise.
In accordance with Article 185 of the Code of Civil Procedure of Ukraine, if a statement of claim based on the sample which does not meet the procedural requirements, it may be left without consideration and it may be returned.
Leaving a statement of a claim for divorce without movement is a temporary form of delaying of proceedings: in a case due to deficiencies in the statement of claim or its attachements, which should be filed in the court.
According to the first part of Article 185 of the Code of Civil Procedure, the grounds for issuing a ruling on leaving the statement of claim for divorce without movement are determined: its inconsistency with the requirements specified in Articles 175 and 177 of the Code of Civil Procedure. Article 175 specifies the requirements for the content and form of the statement of claim, and article 177 determines which documents are attached to the statement of claim and the procedure for their filing.
As the Code of Civil Procedure has rather significantly edited the requirements for the statement of claim using a sample, not specifying its mandatory details is now the most common reason for leaving it without movement.
However, there are also common grounds for non-payment or underpayment of the court fee. As they correctly point out, in a number of cases, the absence of certain information on personal data in the statement of claim for divorce cannot be a reason for leaving it without movement.
The procedure for filing a statement of claim for divorce unilaterally in Ukraine
One of the most important statements, in fact, is a statement of claim using a sample. This procedural document provides for a unilateral procedure for the submission of documents aimed at opening proceedings in a civil case.
Of all the statements in essence, the statement of claim using a sample should be filed first. But this is not typical for a counterclaim statement and a third party statement with independent claims. Other applications over the case are submitted in order of priority after the court decided to open the proceedings over the case.
In the statement of claim, the plaintiff sets out his claims regarding the subject of the dispute and their justification. All requirements of the statement of claim should be laid out clearly, understandably, fully, as the law requires.
От этого зависит успешная сдача других заявлений по сути дела, качественное проведение подготовки по делу и его оперативное рассмотрение. К таким требованиям искового заявления действующее законодательство относит:
- name of the court of first instance to which the statement is submitted;
- personal data of the participants of the case;
- indication of the price of the claim, if the claim is the subject of monetary value;
- a reasonable calculation of the amounts recovered or disputed;
- the content of the claim or the subject of the claim;
- a statement of the circumstances by which the plaintiff substantiates his/her claims;
- indication of evidences confirming the circumstances on which the plaintiff substantiates his/her claim;
- information on the adoption of measures for the pre-trial settlement of the dispute;
- information on the adoption of measures to secure evidence or a claim before filing a claim, if any;
- a list of documents and other evidences attached to the application; indication of evidences that cannot be presented together with the statement of claim (if any);
- preliminary (approximate) calculation of the amount of legal costs;
- confirmation of the plaintiff that he/she has not presented another claim (claims) against the same defendant (s) with the same subject matter and on the same grounds;
- grounds for exempting the plaintiff from paying court fees;
- the grounds for filing a statement of claim by a person who has been granted the right to go to court in the interests of another person by law.
Apply for divorce with children online in Ukraine
A claim for divorce using a sample with children must be submitted to the court in writing. It is possible to submit it in electronic online form in compliance with the requirements specified in parts 6, 8 of article 14, parts 5-6 of article 43 of the Code of Civil Procedure. The main thing to remember is that in case of filing a statement of claim for divorce in an electronic online form, all other statements in essence, petitions and written evidence must be submitted exclusively in electronic form, unless there is a court permission to send them in paper form (part 9 of Article 43 Code of Civil Procedure).
Electronic filing of a claim for divorce does not lead to a decrease of the court fee rate.
Since it is not stipulated to write a statement of claim for divorce according to the sample exclusively in typewritten form, it is also allowed to submit a handwritten statement of claim for divorce with children.
Oral presentation of claims and their justification, as permitted in some EU countries (for example, by German Civil Procedure Code), the Code of Civil Procedure of Ukraine does not provide.
If you decide to file a statement of claim for divorce with children in a handwritten or typewritten forms, you should make sure that the text is legible and makes it possible to understand the meaning of the statement of claim.
If, for example, a statement of claim for divorce with children printed on a printer does not make it possible to read the text due to a shortage of ink in the printer, the court will leave such a statement without progress.
How to draw up a statement for divorce in the registry office in Ukraine correctly?
Contacting the registry office, an employee of the department checks the documents of the applicants and issues a statement for divorce according to the sample. Usually, a sample is provided with the application, according to which the application should be submitted.
The application for divorce by spouses who have no children, according to the sample, contains information about the personal data of the person who wants to dissolve the marriage, information about military registration and information about a marriage that is dissolving.
After the husband and wife have drawn up the application according to the sample, the registry office employee checks the correctness of the information in the statement and corrects errors if they are found.
Price of a statement of claim for divorce in the court in Ukraine
The cost of the claim is the monetary value of the claim. The price of the claim should be indicated by the plaintiff in the statement of claim. By indicating the price of the claim, the plaintiff should ground it.
As a rule, the price of a claim for divorce is indicated in UAH, but it is possible to indicate it in foreign currency (for example, if the claim is filed by a non-resident). Correct determination of the price of the claim for divorce is a key not only of a proper payment of the amount of the court fee, but also of an effective protection of the rights and interests of the plaintiff.
That is why, if the plaintiff has evidently determined the price of the claim incorrectly, because he/she is unable to do so at the time of going to court, the court will preliminarily determine the price of the claim.
In practice, the plaintiff is more likely underpay the amount of the court fee than overpay. Therefore, the additional payment of the court fee should be made in accordance with the price of the claim, which was established by the court.
The Code of Civil Procedure clearly defines how the additional payment of the court fee should be procedurally formalized: a decision is made to leave the statement of claim for divorce without motion and the amount to be paid is indicated.
However, in practice, sometimes decisions are made to open proceedings in a case with the determination of the amount and date of the additional payment of the court fee.
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 to resolve your issue quickly and efficiently.
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