Divorce procedure

Divorce procedure in Ukraine

Divorce procedure with or without children in Ukraine

Divorce procedure with or without children 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 “The procedure for divorce with or without children” I will tell you about the procedure for divorce in Ukraine, the procedure for divorce through the registry office without children, how to file a divorce through the court with children unilaterally, is there a divorce procedure based on the joint application of the spouses to the court, how long it is necessary to file a divorce, when it is impossible to file for divorce and what are the exceptions to the procedure for divorce.

Be sure to read the article on the website advokat-family.com.ua “The procedure for divorce with children and without” to the end and you will learn a lot of interesting things about the procedure for divorce with children and without.

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What is the procedure for divorce in Ukraine?

What is the procedure for divorce in Ukraine?

The Family Code contains a generalized divorce procedure, namely, a statement can be submitted:

  1. by a common statement of the spouses in accordance with Art. 106 Family Code (administrative order of divorce by the registry office);
  2. at the request of one of them, in accordance with Art. 107 Family Code (administrative order of divorce by the registry office);
  3. at a common application based on a court decision, in accordance with Art. 109 Family Code (in the order of special production);
  4. at the claim of one of the spouses on the basis of a court decision, in accordance with Art. 110 Family Code (in the order of lawsuit).

The criteria for determining the order – how to file for divorce are:

  • the presence or absence of a mutual desire (general agreement) to terminate the marriage or the impossibility for objective reasons for the husband or wife to express it (Article 107 of the Family Code);
  • the presence or absence of common minor children.

Divorce procedure through the registry office without children: application in Ukraine

Divorce procedure through the registry office without children: application in Ukraine

The rules of the Family Code regulate the administrative order, namely, how to file for divorce through the registry office. To apply this order, two conditions should exist simultaneously:

  • general agreement to terminate the marriage;
  • absence of common children under 18 years of age.

This order can be divided into two separate stages:

  • filing a statement for divorce through the registry office (part 1 of art. 106 FC);
  • drawing up by the civil registry office of the divorce record (part 2 of article 106 of the FC).

State registration of divorce over the case is made on the basis of a written statement for divorce of spouses who do not have children, who should clearly state that they have no common children.

Based on judicial practice, the courts encourage the administrative procedure for divorce in the case when the married couple has no obstacles to this.

The procedure for registering a divorce by the department of state registration gives rise to the corresponding consequences of a divorce for spouses.

The month between the moment of filing the statement and the conclusion of the assembly record of divorce; is the period that the legislator gives spouses to see their decision to dissolve the marriage.

Unlike the judicial order of divorce, the administrative order leaves without a clear legislative regulation the issue of the death of one of the spouses during this period.

According to the provisions of the Family Code if one spouse dies after filing an application for divorce, but before state registration divorce, it is considered that the marriage ended due to the death of one of the spouses.

To file a divorce through a court with children unilaterally in Ukraine

To file a divorce through a court with children unilaterally in Ukraine

The procedure for divorce through the court provides the right of everyone to file a claim for divorce.

Unlike a divorce upon a common statement of spouses with children (Article 109 of the FC of Ukraine), and a divorce by a civil registry office upon an application of a spouse who has no children (Article 106 of FC), it is possible to file for divorce unilaterally on a claim when only one of the couple seeks to terminate the marriage relationship, while the second does not want this.

In practice, there are cases when, at the first view, persons can dissolve the marriage in the manner prescribed by Article 106 of the Family Code, but one of the spouses leaving the family may file an application for divorce in the registry office or, without a valid reason, is not for state registration of a divorce. , accordingly, without informing in writing about the consent to register a divorce in his absence for a good reason. Therefore, the second spouse is forced to file a lawsuit. In this case, a dispute arises between the persons, which must be resolved by the court in the course of action proceedings.

In case of dissolution of a marriage through a claim proceeding, in the statement of claim, in particular, there must be reasonable grounds for divorce in court and the presence of obstacles to divorce in an administrative manner. It is necessary to understand that a divorce through the court can last from 1 to 6 months. Contact a competent family lawyer, and he will do everything possible to shorten the processing time for a divorce claim.

Divorce procedure on a common application of the spouses through the court in Ukraine

Divorce procedure on a common application of the spouses through the court in Ukraine

Part 1 of Article 109 of the FC provides the possibility of spouses with children to dissolve the marriage in this manner under the following conditions:

  1. filing a common application;
  2. the presence of mutual consent for divorce, as well as mutual certainty and consistency of such issues: which of the parents the children will live with, what kind of participation in ensuring their living conditions will be the one who will live separately, as well as on the conditions for exercising his right to personal education of children;
  3. submission, together with a statement, of a written agreement on which of the parents the children will live with, what kind of participation in ensuring their living conditions will be taken by the parent who will live separately, as well as on the conditions for exercising his right to personal upbringing of children.

The contract must be separated from the contract on the exercise of parental rights and the fulfillment of duties by those of the parents who live separately from the child (part 4 of article 157 of the FC), which differs in that it is not related to the dissolution of marriage between the parents of the child, who may not be at all married, and is subject to notarization.

Part 2 of Article 109 of the FC establishes the procedure according to which a married couple should submit a notarized agreement on the amount of alimony for a child, justifying the need for notarization with the subsequent opportunity to collect alimony on the basis of a notary’s executive note in case of failure to fulfill this agreement.

How long does it take to file a divorce in Ukraine?

How long does it take to file a divorce in Ukraine?

The administrative procedure of divorce formalizes as fast as possible and takes a calendar month from the date of application, but has strict conditions that may contradict the life circumstances of the applicants.

The judicial procedure is more complex and lasts from 1 month to 6, depending on the presence of children, the objections of the second part of the couple, followed by abuse of procedural rights.

The issue of divorce in court is quite delicate and requires appropriate knowledge of family and procedural law, respectively, the best solution is to seek help from a divorce lawyer.

When is it impossible to file for divorce in Ukraine?

When is it impossible to file for divorce in Ukraine?

Part 2 of Article 110 of the FC establishes restrictions on the possibility of filing a claim for divorce, namely:

  • during the pregnancy of the wife;
  • within one year after the birth of the child.

If there are errors in the statement of claim, the period for considering a divorce is also increased.

According to the resolution of the Plenum of the Supreme Court of Ukraine On the practice of applying legislation by courts when considering cases on the right to marriage, divorce, invalidation and division of common property, this restriction applies to both men and women, including cases when a child was born still or died before reaching they are one year old.

Divorce procedure: exceptions in Ukraine

Divorce procedure: exceptions in Ukraine

Exceptions to this rule are making of an illegal act by one part of the married couple, which contains signs of a criminal violation in relation to the second of the spouses or the child.

Considering the dissolution of a marriage in a special procedure (Article 109 of the FC) and action proceedings (Article 110 of the FC), it should be borne in mind that the limitation of Part 2 of Article concerns precisely the filing of a claim for divorce.

So, the issue of divorce in accordance with Article 109 of the FC may considered only when the child reaches one year.

In making the appealed decision, the court of first instance proceeded from the fact that, in accordance with the Civil Procedure Code, the application is returned in cases where the application for divorce is filed during the wife’s pregnancy or before the child reaches one year of age without complying with the requirements established by the Family Code.

However, the court did not take into account that these provisions relate specifically to the statement of claim, which is considered in the course of action proceedings. Whereas the applicants: applied to the court with a joint application for divorce, which should be considered in a special proceeding.

Also, the court did not take into account that according to Article 109 of the Family Code of Ukraine “Divorce by a court decision on a joint application of spouses with children” is possible.

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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