- A court decision on divorce in Ukraine
- A court decision on divorce is a document certifying a divorce through the court in Ukraine
- A court decision on divorce, a certificate at the registry office in Ukraine
- Additional court decision in the divorce case in Ukraine – application
- How to get a court decision after a divorce in Ukraine?
- How to get a copy of the court judgment on divorce, which came into force in Ukraine?
A court decision on divorce in Ukraine
In the article “Court decision on divorce” I will tell you how to get a court decision after a divorce, how to get a copy of a court decision on divorce, which has entered into force and an additional court decision on a divorce case, how to get a divorce certificate in the registry office.
Be sure to read the article “Court Decision on Divorce” on the website advokat-family.com.ua to the end and learn a lot of interesting things about getting a court decision on divorce.
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A court decision on divorce is a document certifying a divorce through the court in Ukraine
Having considered the norms of the Law of Ukraine on Divorce, Part 3 of Art. 115 of the Family Code, it is established that a court decision on divorce is a document certifying the fact of a divorce, which has entered into legal force. In this case, is it necessary to obtain a divorce certificate in the registry office? Divorce certificates are not issued in such cases.
A court decision on divorce, a certificate at the registry office in Ukraine
As a general rule, a court decision that has entered into legal force is mandatory for all government authorities, local governments, their officials, individuals, legal entities and their associations throughout Ukraine.
A court decision on divorce, which has entered into legal force, in accordance with Part 1 of Article 18 of the Civil Procedure Code, is subject to execution throughout Ukraine, and in cases established by international treaties, the consent to which was provided by the Verkhovna Rada of Ukraine – outside its borders.
The obligation to take into account (prejudice) court decisions for other courts, in accordance with Article 13 of the Law of Ukraine “On the Judicial System and the Status of Judges”, is determined by law.
Part one of Article 18 establishes that a court 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.
This provision is consistent with the content of Part 3 of Article 18 of the Civil Procedure Code, which states that the binding nature of a court decision does not deprive persons who did not participate in the case of the opportunity to go to court if the issue of their rights, freedoms or interests is resolved by a court decision on divorce. …
The court decisions on divorce, which were issued on 01.07.2010, provide for further registration at the registry office and the subsequent receipt of a divorce certificate on the basis of such a decision.
Additional court decision in the divorce case in Ukraine – application
Article 270 of the Civil Procedure Code regulates the issue of an additional decision on divorce by the court in cases specified by law. So, the first part of this article stipulates that an additional decision is made only by the composition of the court that made the main decision.
Otherwise, according to clause 20 of the Resolution of the Plenum of the Supreme Court of Ukraine “On a court decision in a civil case” dated December 18, 2009 No. 14, a person has the right to apply to the court with an application and with the same requirements on a general basis.
The period during which you can apply to the court with an application is limited by the end of the period for the execution of the decision.
The initiator of an additional decision on divorce may be both the court and the participants of the case who apply to the court with a corresponding statement in the following cases:
- regarding a certain claim, on which the parties submitted evidence and gave explanations, no decision has been made;
- the court, having decided the issue of the right, did not indicate the exact amount of money awarded for recovery, or the property that should be transferred, or the actions to be accomplished;
- the court has not resolved the issue of court costs.
Considering the issue of making an additional decision on divorce on other grounds, the court, by a resolution, refuses to satisfy such a statement.
At the same time, the procedure of making an additional decision on divorce is not different from the procedure for making a court decision on a case. The legislator only limits the court by the time for the adoption of an additional court decision, which begins from the date of receipt of the relevant statement.
Summoning the parties to resolve the issue of making an additional decision on divorce is optional. However, if necessary, the court may summon the parties or other participants of the case at the court hearing. Failure to appear at the court session of persons who were duly notified of the date, time and place of the court session does not preclude the consideration of the statement.
By its content, an additional decision on divorce cannot change the essence of the main decision or contain conclusions about the rights and obligations of persons who did not participate in the case or investigated claims that were not considered at the court hearing.
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 to get a court decision after a divorce in Ukraine?
In accordance with Art. 272 of the Civil Procedure Code, general rules for handing of judicial decisions have been established, which makes it possible to delimit the procedure for transferring a copy of a full or shortened court decision on divorce to the participants of the case who were present at the court session and who were absent.
So: the participants of the case who were present at the court session, immediately after the announcement of the court’s decision on divorce, have the right to receive a copy of:
- the full court judgment (in the case that the court announces the full court decision). At the request of such a participant of the case, a copy of the full court judgment is handed to him against receipt directly in the court;
- shortened court judgment (introductory and substantive parts) (in case of announcement of only a shortened court decision (introductory and operative parts)), upon their statement immediately.
To the participants of the case who were not present at the court hearing, a copy of the court judgment is sent:
- or in electronic form if the person has an official e-mail;
- or by registered mail with acknowledgment of receipt, if the participant in the court proceedings does not have an official address.
This issue is resolved in a similar way if the court’s decision was made outside the court session, or without notifying (summoning) the participants of the case.
It is noteworthy that if a copy of the court judgment is handed to a representative of a participant in the civil procedure, it is considered that it was also handed to the person he represented.
How to get a copy of the court judgment on divorce, which came into force in Ukraine?
Legal assistance of a lawyer in family disputes, in addition to consulting and providing explanations of the norms of current legislation, also consists of the possibility of requesting copies of the necessary documents from the competent state authorities. This is about how to get a copy of the court decision on divorce, which has entered into legal force, by a lawyer quickly.
Such powers are granted to a lawyer in accordance with the Law of Ukraine On the Bar and Advocacy.
A family lawyer provides services for obtaining a copy of a court judgment that has entered into legal force remotely, without your presence on the territory of Ukraine and abroad on the basis of an agreement on the providing of legal assistance.
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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If you have any questions, then write them to us by e-mail skriabinadvokat@gmail.com and I will definitely answer you.
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