Registration of a court decision on divorce in the registry office

Contents

The procedure for registering a court decision with the Civil Registry Office in Ukraine
Terms for affixing a mark of divorce in Ukraine
Obtaining a court decision on divorce by a lawyer in Ukraine
How to get an extract from the register after a divorce through the court in Ukraine?

The procedure for registering a court decision with the Civil Registry Office in Ukraine

Referring to the norms of the Family Code of Ukraine, it can be concluded that the final and certifying document for divorce is a court decision on divorce, provided that the divorce took place in court. The marriage ends on the day the judgment comes into force.

At this stage of the divorce process, the spouses believe that the marriage has been dissolved and they have the right to remarry. However, in practice, in order to complete the divorce procedure, it is necessary that the registry office / civil registry office are also duly notified that the marriage has ended.

According to the law, the court sends a copy of the court decision to the territorial body of state registration of acts of civil status at the place of marriage. On the day of receipt of such a court decision, the Civil Registry Office / Civil Registry Office enters information about the divorce on the hard copy of the marriage deed, as well as in the electronic register of civil status acts.

However, it should be understood that state bodies do not always carry out their work in good faith, often the deadlines established by law are violated or the necessary documents are completely lost.

In order to be sure that the divorce mark is entered in the State Register, you should still personally present a court decision on divorce at the place of marriage registration. You will need to fill out the appropriate application and attach a photocopy of the judgment.

A similar procedure is assumed in the case when the question becomes relevant – (on the page how to register the fact of divorce in Ukraine, if the divorce was abroad?). However, it should be remembered here that in order to mark the divorce in the marriage record drawn up in Ukraine, the document confirming the divorce must be properly legalized.

Terms for affixing a mark of divorce in Ukraine

The affixing of a mark of divorce on the basis of a court decision is regulated by the Rules of State Registration of Acts of Civil Status in Ukraine.

The Rules provide three options for affixing a mark:

when the court sent the judgment to the registry office / civil registry office at the place of marriage;
when the spouse personally applied to the Civil Registry Office with a court decision on divorce;
when the court sent a court decision on territorial affiliation to the regional department of the Civil Registry Office.

If the court sent the court decision to the registry office / civil registry office at the place of marriage, then information about the divorce is entered on the day of receipt of such a decision. On the front side of the first copy of the marriage record, a mark is put – “Marriage terminated” with the date and number of the court decision, the name of the court that made the decision is also indicated. Similar statements are entered into the marriage record in the electronic register.

Not later than the next working day, the divorce statements in the form of a message are sent to the archive, where the second copy of the marriage record is kept.

If the spouse has the opportunity to personally apply to the Civil Registry Office with a court decision on divorce at the place of marriage, the procedure for affixing a mark is carried out on the day of application based on an application and a photocopy of the court decision.

Often, based on the norms of the law, the court sends a court decision on territorial affiliation to the district registry office / civil registration office, which is not the place of marriage registration, and then this decision should be redirected to affix a mark of divorce at the place of drawing up the marriage record. The Civil Registry Office sends the divorce decision on the day of receipt.

Obtaining a court decision on divorce by a lawyer in Ukraine

Obtaining a court decision on divorce by a lawyer is one of the most relevant services that citizens of Ukraine increasingly use. This situation arises in connection with the workload of the court offices.

In this matter, a family lawyer enjoys a certain advantage in connection with the rights granted by the Law of Ukraine On the Bar and Advocacy. A lawyer is authorized to apply with a request to obtain copies of documents to state bodies, local authorities, institutions, as well as in relation to individuals under an agreement on the provision of legal assistance.

The lawyer has the opportunity to demand a court decision made by any court of Ukraine.

Often, the restoration of a divorce judgment is associated with the loss of a document. However, more and more often citizens are applying in connection with the refusal of the Ministry of Justice of Ukraine to affix an apostille on a divorce decision.

In such a situation, the lawyer takes into account the requirements set out by the Ministry of Justice of Ukraine for the court decision and draws up an application to the court to send a copy of the court decision for its further apostilization.

How to get an extract from the register after a divorce through the court in Ukraine?

Extract from the register with a mark about divorce – a document that contains information about marriage in the registry office / civil registry office between citizens of Ukraine and about divorce. This document is formed in the State Register on the basis of an application submitted to the state registration authorities.

The official name of the document is an extract from the State Register of Civil Status Acts of Citizens confirming the premarital surname.

The most common question of citizens – why get an extract if it is possible to restore a marriage certificate?

However, it should be understood that according to the Rules of State Registration, after the termination of marriage by divorce, a repeated marriage certificate is not issued. The only proof of marriage is an extract.

Essentially, a statement is used to: