Divorce legislation

Divorce legislation in Ukraine

Ukrainian legislation on divorce

Divorce legislation in Ukraine

Divorce legislation in Ukraine

Daria Sergeevna Scriabina
Family lawyer in Ukraine
Hello everyone! My name is Daria Sergeevna Skriabina. I am a family lawyer. Our law company specializes in providing legal services for divorce and recovery of alimony. Our lawyers provide support in court proceedings throughout Ukraine.

In the article “Divorce legislation” I will tell you about the nuances of Ukrainian legislation on divorce and the Law of Ukraine On private international law, the role of the Family Code of Ukraine and the Civil Procedure Code of Ukraine in divorce, the rules of state registration of acts of civil status in Ukraine, the practice of application courts of law when considering cases on the right to marriage, divorce, invalidation and division of the spouses’ common property, as well as what legal assistance a family lawyer can provide for divorce.

Be sure to read the article “Divorce legislation” on the website advokat-family.com.ua to the end and learn a lot of interesting things about the Divorce Law.

Be sure to subscribe to my YouTube channel to always receive up-to-date information in the field of family law.

Divorce legislation of Ukraine

Divorce legislation of Ukraine

The regulatory framework of the law on divorce, which must be familiarized with when studying the procedure for divorce, is quite extensive and requires a thorough study.

The legal acts of family law that make up the law on divorce are designed to resolve controversial issues arising in the event of divorce, divorce from a foreigner, division of spouses’ property, recovery of alimony, invalidation of marriage, deprivation of parental rights, determination of the child’s place of residence, etc.

In order to delve into the whole process of divorce, you should pay attention to the main legal acts within the framework of the Divorce Law:

  1. Constitution of Ukraine
  2. Family Code of Ukraine
  3. Rules for state registration of acts of civil status in Ukraine
  4. Civil Procedure Code of Ukraine
  5. Law of Ukraine on private international law
  6. Resolution of the Plenum of the Supreme Court of Ukraine On the Practice of the Application of Legislation by Courts in Considering Cases on the Right to Marriage, Divorce, Recognition of It as Invalid and Division of the Common Property of Spouses

After you master the theoretical knowledge that is enshrined in the law on divorce, you can proceed to the practical part of the implementation of the procedure.

Constitution of Ukraine

Constitution of Ukraine

The Constitution is the highest constituent law of Ukraine. Thanks to the Constitution of Ukraine, relations between the state and the person, the state and the citizen are outlined, mutual rights and obligations are defined.

The establishment of the main law has established the legal basis for the stabilization of political, economic structures and the formation of civil society.

The law consists of 15 sections and 161 articles. All the rights of a Citizen of Ukraine, established within the framework of the Constitution, must be observed in the event of a divorce.

Family Code of Ukraine

Family Code of Ukraine

The norms that are enshrined in the IC of Ukraine are designed to establish the procedure for entering into a marriage, its dissolution, the fact of recognizing a marriage as invalid, as well as regulating all property / non-property relationships between family members. This code is one of the main documents under the Divorce Law.

The Family Code of Ukraine includes 7 sections:

Section I. Basic Provisions (Art. 1-20)

Section II. Marriage. Rights and obligations of spouses (arts. 21-120)

Section III. Rights and obligations of mother, father and child (arts. 121-206)

Section IV. Arrangement of orphans deprived of parental care (Art. 207-2568)

Section V. Rights and obligations of other family members and relatives (arts. 257-274)

Section VI. Features of adoption of children by citizens of Ukraine who live outside its borders, and by foreigners (Art. 275-292)

Section VII. Final provisions

When examining the issue of divorce, special attention should be paid to Section II. Marriage. Rights and obligations of spouses Chapter 11 Termination of marriage. This chapter contains 17 articles that clearly regulate the procedure for divorce in court and in the registry office / civil registry office.

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.

Rules for state registration of acts of civil status in Ukraine

Rules for state registration of acts of civil status in Ukraine

The rules for state registration of acts of civil status in Ukraine are designed to regulate the divorce procedure in an administrative manner, without resorting to judicial authorities.

The document laconically and specifically sets out the rules and requirements for the registration of acts of civil status by the registry office.

Content:

Section I. Basic Provisions

Section II. Basic norms of state registration of acts of civil status

Section III. State registration of individual acts of civil status

Section IV. Issuance of documents on state registration of acts of civil status

To understand all the nuances of the termination of marriage, you should study Chapter 3 of Section III State registration of divorce.

Civil Procedure Code of Ukraine

Civil Procedure Code of Ukraine

Civil Procedure Code – the Law of Ukraine, which establishes the procedure for resolving civil cases by courts of general jurisdiction. This code is the bearer of civil procedural norms when considering divorce cases in court.

The law consists of 13 sections and 502 articles:

  1. Sections
  2. General Provisions
  3. Order production
  4. Claim production
  5. Separate production
  6. Review of court decisions
  7. Procedural issues related to the execution of court decisions in civil cases and decisions of other bodies
  8. Judicial control over the execution of court decisions
  9. Proceedings in cases of appeal against decisions of arbitration courts, challenging decisions of international commercial arbitrations
  10. Recognition and enforcement of decisions of foreign courts, international commercial arbitrations in Ukraine, granting permission for the enforcement of decisions of arbitration courts
  11. Restoration of the lost court case
  12. Proceedings in cases involving foreign persons
  13. Final provisions
  14. Transitional provisions

For the correct application of the law in the divorce proceedings, the full protection of rights and interests, it is necessary to fully navigate the code.

Law of Ukraine On private international law

Law of Ukraine On private international law

The Law of Ukraine On Private International Law regulates private legal relations in which one of the participants is a citizen of Ukraine living outside the state, a foreigner or a stateless person.

Scope of the law:

  • establishing the applicable law;
  • legal capacity and legal capacity of foreign citizens, stateless persons;
  • determination of territorial jurisdiction when considering cases with foreigners; recognition and enforcement of decisions of foreign courts.

On the basis of the norms established by this law, a divorce is carried out with the participation of Ukrainian citizens living abroad, foreigners, and stateless persons.

This regulatory legal act of family law will become a guide when considering issues:

  1. How to get a divorce while abroad.
  2. How to register the fact of divorce if the divorce was abroad.

The Law of Ukraine On Private International Law consists of 14 sections.

Resolution of the Plenum of the Supreme Court of Ukraine On the Practice of the Application of Legislation by Courts in Considering Cases on the Right to Marriage, Divorce, Recognition of It as Invalid and Division of the Common Property of Spouses

Resolution of the Plenum of the Supreme Court of Ukraine On the Practice of the Application of Legislation by Courts in Considering Cases on the Right to Marriage, Divorce, Recognition of It as Invalid and Division of the Common Property of Spouses

In connection with the adoption of the Family Code of Ukraine and the introduction of amendments to the substantive law that regulate the legal relations of marriage registration, dissolution, invalidation and property rights of spouses, the Plenum of the Armed Forces of Ukraine issued general explanations for the courts of Ukraine.

This resolution is intended to ensure the correct application of legislation by the courts when considering this category of cases. The resolution provides detailed comments on the norms of the Constitution of Ukraine, the Civil and Civil Procedure Code of Ukraine, the Law of Ukraine On Private International Law and other regulatory legal acts regulating family legal relations.

The Resolution of the Plenum of the Armed Forces of Ukraine does not have chapters, sections and articles. The document contains 31 points on the correct application of certain norms of family law.

Legal assistance of a family divorce lawyer in Ukraine

Divorce is a very difficult moral and psychological test for both parties to the process. In such cases, the spouses often need to obtain legal assistance from qualified lawyers specializing in family law.

However, how do you choose a good lawyer and divorce attorney?

Contact the family divorce lawyer Alexey Nikolayevich Scriabin in any convenient way and the divorce will happen quickly and as favorably as possible!

Thanks to the experience of a lawyer in handling divorce cases, the likelihood of a negative outcome of the trial for the client is minimized. Guided by the law on divorce, a family lawyer can easily find a legally correct way out of the most confusing and dead-end situations.

A family lawyer will competently state the claims and represent your interests in court thanks to the experience and deep knowledge in the field of divorce law.

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.

If you have a need for consultation or paid services of a lawyer, then contact the messengers listed in the contacts section.

If you have any questions, then write them to us by e-mail skriabinadvokat@gmail.com and I will definitely answer you.

If the article “Divorce legislation” was useful for you and you learned something new for yourself about the Divorce Law, then like this article, subscribe to my YouTube channel, share with your friends, press the bell so as not to miss new videos.

Useful site materials advokat-family.com.ua:

  1. Divorce with a Crimean registration
  2. Divorce for the migrants
  3. Registration of a divorce that was abroad
  4. Dissolution of marriage with a foreigner in Ukraine
  5. How to apply for divorce online
  6. Dissolution of marriage without the consent of the husband
  7. Divorce in a closed court session
  8. Divorce with a prisoner
  9. Divorce without presence
Like this post? Please share to your friends:
Family lawyer
Leave a Reply

;-) :| :x :twisted: :smile: :shock: :sad: :roll: :razz: :oops: :o :mrgreen: :lol: :idea: :grin: :evil: :cry: :cool: :arrow: :???: :?: :!: