Divorce by mutual consent

Divorce by mutual consent in Ukraine

Divorce by mutual consent 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 by common consent with children” I will tell you about the procedure of a divorce without children by mutual consent of the spouses, the procedure and terms of divorce by mutual consent without children through the registry office, what documents are required for divorce by mutual consent, how to file for divorce by mutual consent through the court if there is a child, how to file a divorce through a court by common agreement with minor children.

Be sure to read the article “Divorce by common consent with children” on the website advokat-family.com.ua to the end and learn a lot of interesting things about online divorce in court.

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Divorce procedure without children by mutual consent in Ukraine

Divorce procedure without children by mutual consent in Ukraine

State registration of divorce is formalized on the basis of a written application for divorce of spouses who do not have children, which should clearly indicate that they have no common children. Such an application is submitted to the registry office.

Based on judicial practice, courts encourage dissolution of marriage precisely in an administrative manner, if the spouses have no obstacles to this.

. So, it may be, that the statement of claim for divorce was left without movement on the grounds of that fact that in order to dissolve a marriage between spouses who have no minor children, by a court decision, the plaintiff should indicate the grounds excluding its dissolution out of the court, namely, through the registry office.

Therefore, the plaintiff should eliminate these shortcomings by setting out a statement of claim indicating the grounds excluding divorce out of court, in particular, through the registry office.

The procedure of divorce by mutual consent without children through the registry office in Ukraine - terms

The submission by the spouses of a divorce statement by mutual consent through the registry office does not directly entail its termination at this very moment. Parties remain spouses until the date of divorce registration.

The procedure of divorce registration by mutual consent by the registry office gives rise to the corresponding consequences for the spouses concerning marriage dissolution.

The month between the moment of filing the statement and the drawing up of the assembly record about the divorce by the registry office is the period that is given by the legislator to the spouses for the possibility of revising their general consent to divorce.

What documents are required for a divorce by mutual consent in Ukraine?

What documents are required for a divorce by mutual consent in Ukraine?

For divorce by mutual consent, the spouses should present:

  • passport;
  • marriage certificate;
  • receipt for payment of the state fee.

After checking the documents, the registry office employee gives a statement for filling out by the spouses, which is certified by their signatures.

To file for divorce by mutual consent  through the court in Ukraine if you have a child

On the basis of Article 109 of the Family Code of Ukraine, spouses with children have the right to submit an application to the court for divorce together with a written agreement stating:

  • whom of them the children will live with;
  • what participation in ensuring their living conditions will each of the parents take;
  • who will live separately, as well as on the conditions for exercising the right to personal education of children.

If you turn to the analysis of court decisions on this category of cases, you can find various references to the number of contracts, all of which, however, are accepted by the courts, and the courts consider the requirements to be fulfill.

Thus, the court may indicate in the decision the fact of the existence of a concluded agreement by mutual agreement on:

  • accommodation;
  • upbringing of children;
  • pay of alimony  for child support;
  • notarial certified agreement on the payment of alimony for the child;
  • determination of the child’s place of residence;
  • participation in the upbringing and maintenance of the child;
  • agreements on participation in the upbringing and maintenance of a child, certified by a private notary;

In some cases, in the decision on divorce by mutual consent, it is noted that the statement has been added:

  • a notary certified agreement between the parents on participation in the exercise of parental rights and determination of the child’s place of residence;
  • notarial certified agreement between the parents on the payment of child support;
  • agreement on the determination of the place of residence of children and the procedure for exercising parental rights and obligations and a notarized agreement between parents on the payment of alimony for the maintenance of children.

The above-mentioned resolution of the Plenum of the Supreme Court of Ukraine also emphasizes that the courts should check the compliance with the notarization of the agreement on the amount of alimony for the child (children). In it, the parties stipulate ways for the parents to fulfill the obligation to support the child to those of them who live separately from the child.

The parties also should provide in the agreement:

  • procedure;
  • terms;
  • forms (monetary and (or) in natural form) provision of content by one of the parents.

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.стоимость услуг при разводе.

To file a divorce through the court by common agreement with minor children in Ukraine

To file a divorce through the court by common agreement with minor children in Ukraine

One month, determined by the legislator from the date of filing a divorce statement by mutual consent, in the court’s decision on divorce, is the period that is provided to individuals to see their decision to divorce.

During this period, the wife and husband have the right to withdraw the divorce statement.

As explained in the resolution of the Plenum of the Supreme Court of Ukraine “On the practice of law enforcement by courts when considering cases on the right to marriage, divorce, invalidation and division of the spouses’ common property,” expiration of one month from the date of submission of the application, if it has not been withdrawn by at least one of the spouses.

That is, the submission of a common statement for divorce does not prevent only one of the spouses from withdrawal of it.

Obviously, in this case, two situations are possible:

  • one of the spouses withdraws the statement with the actual consent of the other spouse due to the fact that neither of them wants to end the marriage anymore;
  • a dispute arises between the spouses about the dissolution of the marriage, then one of the spouses can further exercise his right to file a claim for the dissolution of the marriage.

Children and the procedure of divorce in Ukraine by mutual consent

Children and the procedure of divorce in Ukraine by mutual consent

Taking into account the equality of the rights and obligations of both parents in relation to the child, the legislative provision of the common decision by them of the issues of upbringing their child after divorce by mutual consent seems justified.

In the case of normal relations between parents, in order to resolve the issue of raising a child, formalization of any agreements between the parents or their appeal to the authorized state authorities is not required.

The residence of a father or mother after a divorce by mutual consent separately from the child does not deprive him/her of the right to personal communication with them and the obligation to take part in child’s upbringing.

The child’s right to contact with parents who live separately is provided for in Art. 15 of the Law of Ukraine “On Child Protection”. According to Part 1, a child who lives separately from his or her parents or one of them has the right to maintain regular personal relationships and direct contacts with them.

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 advice 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.

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Useful site materials advokat-family.com.ua:

  1. Divorce with a foreigner
  2. Divorce with a minor children
  3. Turnkey divorce
  4. Online divorce
  5. Child support after divorce
  6. Divorce abroad
  7. Divorce in another city
  8. Divorce with a pregnant wife
  9. Divorce without the consent
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