- Divorce through the registry office in Ukraine without children
- Divorce through the registry office by common consent in Ukraine
- The procedure for divorce from her husband through the registry office in Ukraine
- Divorce through the registry office unilaterally with the incapacitated in Ukraine
- Divorce through the registry office unilaterally with a missing person in Ukraine
Divorce through the registry office in Ukraine without children
In the article “Divorce through a registry office without children” I will tell you about a divorce through a registry office by common agreement, about the procedure for divorce from a husband through a registry office, is it possible to unilaterally divorce through a registry office with an incapacitated spouse, is it possible to unilaterally divorce through a registry office with an unknown absent, what is the amount of the state duty for divorce in the registry office without children, and how to file documents for divorce in 2021.
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Divorce through the registry office by common consent in Ukraine
Article 106 of the Family Code of Ukraine regulates the administrative procedure for terminating a marriage through the registry office by common consent without children. For its application, it is necessary that two conditions are met simultaneously:
- general agreement to terminate the marriage;
- lack of common children under 18 years of age.
This divorce procedure in the registry office can be divided into two separate stages:
- submission to the registry office of documents and applications for divorce (part 1 of article 106 of the Family Code of Ukraine);
- drawing up by the civil registry office of the divorce record (part 2, article 106 of the Family Code of Ukraine).
State registration of divorce is carried out on the basis of the documents provided and a written application for a divorce without children, which must clearly state that the spouses do not have common children.
The procedure for divorce from her husband through the registry office in Ukraine
In the event of a divorce provided for in Article 106 by common consent of the spouses, the function of the registry office is reduced to registration, that is, legal certification of the fact of termination of the marriage relationship, therefore, the reasons and motives for the divorce are not provided to the registry office, and the latter are not clarified and evaluated.
If one of the spouses, for a good reason (due to a serious illness, a long business trip, living in a remote area), cannot personally submit documents and an application for divorce to the registry office, such a statement, the authenticity of the signature on which must be notarized or equated to it, on his behalf, the second of the spouses can file, about which a note is made in the register of documents and applications for divorce without children.
After the registry office has accepted the documents and the application for a divorce without children, the registry office explains the procedure and conditions for state registration of the divorce, as well as the moment of its termination.
Divorce through the registry office unilaterally with the incapacitated in Ukraine
The procedure for divorce, provided for in Article 107 of the Family Code of Ukraine, is a simplified administrative procedure for divorce in the registry office.
The peculiarities of this procedure are due to the fact that in cases of recognition of a person as missing or incompetent, the registry office is not able to establish the consent of this person to dissolve the marriage, as it happens in the manner determined by Article 106 of the Family Code of Ukraine.
In the first case, the actual absence of an individual in the registry office prevents the establishment of his will, while an individual is recognized by the court as incompetent, unable to understand the significance of his actions and (or) to direct them, and therefore cannot express legally significant consent to divorce.
We recommend that you familiarize yourself with the website of the family lawyer Scriabina D.S. also with the following topics: divorce, alimony, division of spouses’ property, deprivation of parental rights, divorce certificate, terms of divorce, cost of services in case of divorce, court fees in case of divorce, surname of spouses after divorce, apostille on documents, apostille on a court decision on divorce, where to file for divorce, the concept of marriage.
Divorce through the registry office unilaterally with a missing person in Ukraine
If one of the spouses is recognized as missing or incapacitated, the presence of minor children in the couple is not an obstacle to divorce in the registry office.
Cases on recognizing a natural person as incapable and recognizing a natural person as missing are considered by the court in a special procedure in accordance with the provisions of the Civil Procedure Code.
Separate documents are added to the application for divorce in the registry office in accordance with the provisions of Article 107 of the CKU, the initiator of the divorce, namely, a copy of the court decision (extract from the court decision) recognizing the other spouse as missing or incompetent.
The Law of Ukraine “On State Registration of Acts of Civil Status” dated July 1, 2010. Clause 3 of part 1 of article 107 of the Family Code of Ukraine, which dealt with the situation when the other spouse was sentenced for committing a crime to imprisonment for at least three years, was excluded.
Such cases, according to the current legislation, are considered in the order of special proceedings upon application, if the spouse is sentenced to imprisonment, without determining the term of imprisonment for such cases.
The following documents must be presented:
- originals of passports;
- original marriage certificate;
- original receipt of payment of the state fee;
- a completed divorce application without children.
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.
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