- The moment of termination of the marriage in Ukraine
- Family lawyer in Ukraine
- Determination of the moment of termination of marriage in Ukraine
- Family lawyer in Ukraine when deciding cases on the moment of termination of a marriage in case of its dissolution
- Frequently asked questions to a lawyer in Ukraine
The moment of termination of the marriage in Ukraine
In case of divorce by the registry office, the marriage is terminated on the day of registration of the divorce.
In the event of a divorce by a court, the marriage is terminated on the day the court decision on divorce comes into force.
In Art. 106 FC refers to the dissolution of marriage by the registry office, and in part 2 it is indicated that the state body of the registry office makes a decree on the dissolution of marriage, but nothing in this norm of the IC does not say about the registration of the dissolution of marriage itself.
And in part 1 of Art. 106 states that in the event of divorce by the state registry office, it is terminated on the day of registration of the divorce.
From a simultaneous analysis of Articles 106 and 114 FC, a conclusion suggests itself about the very procedure for registering divorce by the registry office.
Family lawyer in Ukraine
On our website advokat-family.com.ua you will find all the answers to your questions in the field of family legislation of Ukraine.
Determination of the moment of termination of marriage in Ukraine
In the old version of Part 1 of the commented norm, it was said about the termination of the marriage on the day the registry office issued a resolution.
But it should be noted that according to Art. 181 of the Marriage and Family Code, in force in accordance with Part 2 of the Final Provisions of the FC, divorce and the issuance of a divorce certificate to spouses is carried out after one month from the date the spouses filed for a divorce.
Therefore, the change in the wording of Part 1 of Art. 114 FC is due to a special monthly period, which in this case should be applied in order to provide an opportunity for spouses to take a balanced approach to divorce.
It is considered that during this period one of the spouses or both can revoke their signature on the application.
As for the dissolution of a marriage by the court, the marriage is terminated on the day the court decision on the dissolution of the marriage enters into force, that is, in part 2 of the commented norm, in fact, it is about the termination of the marriage relationship.
This novel of the FC is due to the fact that, according to Article 43 of the Marriage and Family Code, the marriage was considered terminated from the moment of registration of the dissolution of the marriage (by court decision) by the registry office.
This situation actually did not correspond to the real circumstances of the case and in practice led to certain inconveniences and misunderstandings.
Because according to the MaFC, the spouses could carry out a divorce through the court, but not register such a dissolution in the registry office, then the marriage was considered not terminated.
As you can see, at that time the registration of divorce in the registry office was given more legal significance than the court decision.
Therefore, the task of scientists was to correct this situation and make changes to the Family Code on the perception of the termination of marriage by a court decision, and then the fact of dissolution of marriage is only legally enshrined in the document, which is the Certificate.
Family lawyer in Ukraine when deciding cases on the moment of termination of a marriage in case of its dissolution
In deciding the time of the termination of the marriage in the event of its dissolution, the most optimal is to contact a family lawyer who will help you quickly and efficiently resolve the case in your favor.
Our lawyers specialize in solving family law cases, so they know the subtleties and nuances that will help speed up the process.
The advantages of contacting divorce lawyers are:
- the promptness of resolving the case on the moment of termination of the marriage in the event of its dissolution;
- quick preparation of documents for their submission to the court;
- saving material and time resources in solving the case;
- the ability to resolve issues online.
Contact our family divorce lawyers if a positive outcome is important to you at the time of the termination of the marriage in the event of its dissolution.
If you do not know how best to act at the moment of termination of a marriage in the event of its dissolution – call our family lawyers and they will help you understand the situation!
Frequently asked questions to a lawyer in Ukraine
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