Divorce certificate in Ukraine
In the article “Divorce Certificate” I will tell you about a divorce without a certificate based on a court decision, how to get a divorce certificate based on a court decision, how to file for divorce without a marriage certificate, and whether a marriage certificate is taken away upon divorce.
Be sure to read the article “Certificate of Divorce” on the website advokat-family.com.ua to the end and learn a lot of interesting things about the certificate of divorce.
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How to get a divorce certificate based on a court decision in Ukraine?
As you know, the document confirming the divorce in the registry office (Articles 106, 107 of the Family Code of Ukraine) is a divorce certificate. If the divorce (Articles 109, 110 of the Family Code of Ukraine) occurs in court, then the spouses are issued a court decision.
However, prior to the entry into force of the Law of Ukraine “On State Registration of Civil Status Acts” dated 01.07.2010, there was a different procedure for registering a divorce, which provided for the additional issuance of a divorce certificate on the basis of a court decision.
Based on the received court decision, the spouses had to apply to the registry office at the place of registration of residence and receive a divorce certificate. This requires:
- fill out an application;
- attach the original of the judgment;
- pay the state fee (if it is established in accordance with a court decision).
According to the current family law, this procedure remains only if the spouses wish to dissolve the marriage and receive a divorce certificate on the basis of a court decision that entered into force after July 27, 2010. Judicial decisions on divorce that entered into force after July 27. 2010 does not imply obtaining a certificate of divorce in the registry office.
How to file for divorce in Ukraine without a marriage certificate?
Regardless of which competent authorities will consider the issue of divorce, the original marriage certificate is a mandatory document when applying for a divorce.
If the document is damaged or completely lost, the registry office is engaged in the restoration.
If the divorce occurs according to the procedure provided for in Art. 106 FC (divorce by mutual consent of the spouses in the absence of children), then the data of the marriage record is checked using the State Register and it is not necessary to restore the marriage certificate.
When contacting an experienced family lawyer on the issue of divorce in court, in the absence of a marriage certificate, the documents are restored without the presence of the client.
If you dissolve your marriage in court, without resorting to legal assistance from lawyers, then you should obtain a new marriage certificate from the registry office. A copy of the marriage certificate must be attached to the statement of claim / joint application for divorce.
Answering the question – how to dissolve a marriage in Ukraine concluded abroad, it should be noted that the divorce procedure is identical, except that the marriage certificate must be legalized, translated into Ukrainian and sealed with the signature and seal of a notary of Ukraine.
Is a marriage certificate taken away upon divorce in Ukraine?
When filing an application for divorce of spouses who have no children in the registry office, the original of the divorce certificate is withdrawn in order to prevent double divorce in another department of the registry office. After the state registration of the divorce, the marriage certificate is returned to the spouses with a mark on the back of the certificate form that the marriage was dissolved.
When filing a statement of claim or a joint statement in court, the spouses provide only copies of all documents, duly certified.
Accordingly, the competent authorities in matters of divorce, neither when submitting an application nor when issuing a divorce certificate / court decision, a marriage certificate is not taken away.
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 property of spouses, deprivation of parental rights, divorce without consent, divorce from a pregnant woman, divorce in another city, divorce with a Crimean residence permit, divorce for migrants, divorce abroad, divorce and alimony, divorce online, divorce by mutual consent.
Divorce in Ukraine without a certificate based on a court decision
Based on the norms of the current legislation, divorce in court is certified by a court decision.
The divorce decision comes into force 30 calendar days after it is made.
From the moment the court decision enters into force, the marriage is considered dissolved. To enter data on divorce in the marriage record, the court office sends a copy of the court decision to the territorial department of the registry office at the place of its location.
After the information about the divorce is entered in the State Register, the spouses can receive an extract on the state registration of marriage with a note stating that the marriage was dissolved on the basis of a court decision. The extract also indicates the name of the court that issued the divorce decision, the number of the case, the number of proceedings, the date of entry into force of the court decision and the date of making such a mark.
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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