- Terms of a divorce through the court and registry office in Ukraine
- Provided terms for a divorce through a registry office without children and through a court in Ukraine?
- How long does it take to consider a divorce statement by mutual consent through a court in Ukraine?
- Terms of divorce in Ukraine, if one of the spouses does not agree on it
- How to get a divorce through a court unilaterally in Ukraine – terms?
- The term of entering into a legal force of a court decision on divorce in Ukraine
Terms of a divorce through the court and registry office in Ukraine
In the article “Terms of a divorce through the court and registry office” I will tell you about the stipulated terms for divorce through the registry office without children and through the court, the time frame for considering a divorce staement by mutual consent through the court, the terms of divorce, if one of the spouses does not agree, how to dissolve marriage through the court unilaterally and the time frame for entering of a court decision about divorce into the legal force.
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Provided terms for a divorce through a registry office without children and through a court in Ukraine?
The terms of divorce through the registry office are fixed by the norms of the Family Code and the Rules of State Registration of Civil Status Acts, approved by Order of the Ministry of Justice of Ukraine dated October 18, 2000 No. 52/5, and constitute a calendar month from the date of application by the spouses. The terms for consideration of the statement in the registry office can be extended up to one year at the insistence and upon written application of at least one of the spouses.
The terms for the divorce of spouses in court, in contrast to the divorce in the registry office, are regulated by Art. 121 of the Civil Procedure Code, the court must establish a reasonable time frame for the performance of procedural actions.
Time limits are reasonable if they provide a sufficient time period, taking into account the circumstances, for the performance of the procedural action, and are corresponded to the purposes of civil proceedings.
In accordance with Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950), signed on behalf of Ukraine on November 9, 1995 in Strasbourg and ratified by Ukraine on July 17, 1997, which according to Ukrainian norms is a part of the national legislation of Ukraine, everyone has the right to a fair and public hearing within a reasonable time by an independent and impartial court established on the basis of the law of the dispute about his civil rights and obligations.
The reasonableness of the time limits of the consideration of a divorce is depended on:
- timeliness of the appointment of the case to the court hearing;
- holding of court sessions at the appointed time;
- terms of making a court decision by a judge;
- timeliness of notification of the participants of the process about the date and place of the court session;
- proper fixation of the court session by technical means;
- meeting the deadline for the examination;
- timeliness of issuance of a writ of execution and sending it to the body authorized to execute the judgment;
- importance of the case for the plaintiff health;
- recovery of alimony;
- cases concerning child custody and so on.
The terms for the consideration of a divorce cannot be qualified as reasonable if they are violated due to:
- the judge’s involvement into another process;
- the appointment of court hearings with long intervals;
- unfounded satisfaction of unreasonable motions of the participants of the process;
- which caused the postponement of case’s consideration for a long time, delaying of preparatory proceedings;
- failure to take measures to prevent the unfair behavior of the participants of the case, and so on.
The abovementioned and other reasons indicate a low level of organization of legal proceedings and an irresponsible attitude to the performance of the duties.
In practice, the terms for the divorce of spouses through court are:
- 1-2 months by common agreement of spouses with children;
- 1-2 months on the basis of the statement of claim, if the other of the spouses does not object
- 3-6 months, if the other spouse actively denies and abuses procedural rights.
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 from children, divorce from a prisoner, divorce from a foreigner, divorce through a registry office, divorce through a court, court decision on divorce, divorce certificate, terms of divorce, cost services for divorce.
How long does it take to consider a divorce statement by mutual consent through a court in Ukraine?
Article 109 of the Family Code established that spouses with children have the right to apply to the court for divorce together with a written agreement about which of them the children will live with, what kind of participation in ensuring of living conditions will the parent living separately take, as well as on the conditions for exercising his right to personal upbringing of children.
If there is such an agreement, which should be notarized, the terms of divorce are shortened as much as possible. Divorce proceedings can be completed on time.
Terms of divorce in Ukraine, if one of the spouses does not agree on it
Divorce of spouses through the court, if one of the spouses does not agree, is carried out in the order of lawsuit.
At the request of the plaintiff, in order to shorten the terms of a divorce, the divorce may be considered by the court in the order of simplified proceedings.
The motion of the plaintiff for consideration of the divorce in the order of simplified proceedings shall be submitted in writing simultaneously with the filing of the statement of claim, or may be contained in it. In the statement, the plaintiff should indicate what grounds give him the right to apply for the consideration of the case by way of a simplified procedure.
. Such a motion should relate to the consideration of the entire divorce case by way of and cannot relate only to a certain part of the claims, otherwise the court will not accept it for consideration, as indicated in the ruling of opening of proceeding over the case.
In accordance with Art. 275 of the Civil Procedure Code, the court considers cases in the order of simplified proceedings within a reasonable time, but not more than sixty days from the date of the opening of proceedings over the case of divorce.
The criterion for defining the concept of “smart terms” in accordance with the practice of the European Court of Human Rights is understood as: legal and factual complexity of the case; the behavior of the applicant, as well as of other persons involved in the case, the behavior of public authorities, primarily the court, the nature of the process and its significance for the applicant.
How to get a divorce through a court unilaterally in Ukraine – terms?
Unilateral divorce is not possible in the registry office, the divorce procedure is carried out by judicial authorities.
In order to get a divorce quickly, through the court unilaterally, it is necessary to apply to the court according to territorial jurisdiction with a motion to consider the divorce case in the order of a simplified procedure.
Short deadlines for divorce of spouses in this case are due to the provisions of Art. 279 of the Civil Procedure Code.
Consideration of the case of divorce of spouses in the order of simplified proceedings in fact begins with the opening of the first court session or in the thirty day – period after the opening of proceedings over the case, if the court session is not held.
If a court session is not held for the consideration of a divorce case in the order of simplified proceedings, the procedural actions, the time frame of which is limited by the first court session, may be performed within thirty days from the date of the opening of the proceeding.
The first court session on a divorce case shall be held no later than in the thirty day period.
The court considers the divorce case without notification of the parties on the basis of the materials available in the case, in the case there is no motion from either party about the other.
The term of entering into a legal force of a court decision on divorce in Ukraine
In accordance with Art. 273 of the Civil Procedure Code, the decision on divorce comes into legal force upon the expiry of the time limit for filing an appeal by all participants in the case, if the appeal has not been filed.
In the case of filing an appeal, the decision, if it is not canceled, comes into legal force upon the return of the appeal, refusal to open or to close the appeal proceedings, or the adoption of the decision of the court of appeal based on the results of the appeal review.
The deadline for filing an appeal against a court decision on divorce is 30 calendar days.
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