Divorce suit

Divorce suit in Ukraine

Divorce lawsuit in Ukraine

Divorce lawsuit in Ukraine

A divorce claim may be brought by one of the spouses.

A claim for divorce cannot be brought during the wife’s pregnancy and within one year after the birth of the child, unless one of the spouses has committed unlawful behavior that contains signs of a crime in relation to the second spouse or child.

The right to bring an action for divorce in Ukraine

The right to bring an action for divorce in Ukraine

Husband, wife have the right to bring a claim for divorce during the wife’s pregnancy, if the paternity of the conceived child is recognized by another person.

A husband, wife have the right to file a claim for divorce before the child reaches one year of age, if paternity in respect of him is recognized by another person or, by a court decision, information about the husband as the child’s father is excluded from the child’s birth record.

The guardian has the right to bring an action for divorce if the interests of the spouse who is declared incapacitated so require.

There is another way to dissolve a marriage by a court – at the suit of one of the spouses. The statement of claim is presented to the court according to the general rule of generic jurisdiction, that is, at the place of residence of the defendant.

But for different categories of cases related to family relations, exceptions to the general rule can be applied – the rules of alternative jurisdiction or, as it is called in the theory of civil procedure, preferential, since it establishes benefits for a certain category of subjects of family relations.

Family lawyer in Ukraine

Family lawyer in Ukraine

Our lawyers are often asked the question: How to draw up a statement of claim for divorce? In what cases is it necessary to file a statement of claim for divorce? Can a husband file a divorce suit while his wife is pregnant?

On our website advokat-family.com.ua you will find all the answers to your questions in the field of family legislation of Ukraine.

Jurisdiction of the case at the choice of the plaintiff in Ukraine

Jurisdiction of the case at the choice of the plaintiff in Ukraine

So, claims for the recovery of alimony, recognition of the paternity of the defendant can also be filed at the place of residence of the plaintiff, claims for divorce can be filed at the place of residence of the plaintiff also if he is dependent on young or minor children, or if he is unable for health reasons or, for other valid reasons, travel to the defendant’s place of residence.

By agreement of the spouses, the case can be considered at the place of residence of any of them.

In addition, in our opinion, the requirements may apply to cases of collecting alimony from one of the spouses in accordance with Part 4 of Art. 75 FC, but these requirements can be combined in one statement of claim together with the dissolution of the marriage between spouses.

Thus, a claim for divorce and alimony against a defendant whose place of residence is unknown is filed at the location of the defendant’s property or his place of stay or at the last known place of residence of the defendant or his permanent employment (work).

A claim for the recovery of alimony and divorce against the defendant who does not have a place of residence in Ukraine may be filed at the location of his property or at the last known place of his residence or stay in Ukraine.

The location of the property and the last known place of residence or stay of the defendant must in each case be reliably established.

Rules for filing a statement of claim in Ukraine

Rules for filing a statement of claim in Ukraine

Divorce lawyers and attorneys, giving advice and preparing statements of claim, and judges, when accepting them, should remember that:

  • a statement of claim for divorce cannot be filed with the court during the wife’s pregnancy and within one year after the birth of the child, unless one of the spouses has committed an unlawful act that contains signs of a crime in relation to the second spouse or child;
  • the husband, wife have the right to bring a claim for divorce during the wife’s pregnancy, if the paternity of the conceived child is recognized by another person;
  • a husband, wife have the right to file a claim for divorce before the child reaches one year of age, if paternity in respect of him is recognized by another person or, by a court decision, information about the husband as the child’s father is excluded from the child’s birth record;
  • the guardian has the right to bring a claim for divorce if the interests of the spouse who has been declared incapacitated so require.

Payment of the court fee for filing a statement of claim in Ukraine

Payment of the court fee for filing a statement of claim in Ukraine

A statement of claim for divorce (it may contain claims for the recovery of alimony, for the division of jointly acquired property) must be considered in the action and meet the requirements for the content and form of the statement of claim and be paid by court fees in accordance with the Decree of the Cabinet of Ministers of Ukraine “On State duty “dated January 21, 1993 with amendments and additions.

In addition, if claims for the division of jointly acquired property are also declared in the statement of claim for divorce, then such claims must be independently paid by court fees based on the cost of the claim – the monetary value of the property.

The price of a claim consisting of several independent claims is determined by the total amount of all claims.

Such a claim may be filed in cases where one of the spouses objects to the dissolution of the marriage, the issue of determining the child’s place of residence is controversial, there is a dispute about property jointly acquired by the spouses, a dispute regarding alimony.

Verification of the circumstances of the claim in Ukraine

Verification of the circumstances of the claim in Ukraine

Therefore, when considering such cases, the judge must check the circumstances of each claim, for example, on the dissolution of marriage, the court must find out the actual relationship of the spouses, the real reasons for the dissolution of the marriage, and this does not take into account the presence of a minor child, a disabled child, as well as other circumstances in the life of the spouses.

The parties must submit evidence in support of their claims and objections, since by law, the obligation of proof is imposed on the parties and their procedural representatives, and the court only promotes and ensures a comprehensive and complete clarification of the circumstances of the case: it explains to the spouses their procedural rights and obligations, warns of the consequences of committing or failure to perform procedural actions and contributes to the exercise of their rights provided for by the Code of Civil Procedure.

When several claims are considered in one proceeding, there may be such institutions of civil procedure as consolidation or separation of claims, counterclaim, claim of a third party with independent claims, provision of evidence, provision of claim.

Therefore, a judge, a lawyer, as professionals, should be well aware of all their features.

In this regard, we consider it advisable to stop and analyze the rather complex procedural moments that were encountered in our law practice when considering disputes arising from family relations.

Divorce suit

Regulation of family relations before the entry into force of the Family Code of Ukraine

First of all, I would like to draw attention to the mistakes that judges made when considering cases on the application of the Final Provisions of the UK.

It should be noted that the Final Provisions of the FC do not say anything about the settlement of family relations that arose and ended before the entry into force of this Code.

Therefore, it is advisable, by analogy, to apply the Final and Transitional Provisions of the Civil Code of Ukraine in this part (clause 4), which states that the Civil Code of Ukraine, which entered into force on January 1, 2004, applies to civil relations that arose after its entry into force.

As for civil relations that arose before the entry into force of the Civil Code of Ukraine, the provisions of the Civil Code apply only to the rights and obligations that have arisen or continue to exist after its entry into force.

But here we are talking about civil (by analogy and family rights), if, in the event of their violation, the appeal to the court took place in 2004 or later.

In judicial practice, there have been cases when family rights arose before 2004, their violation and appeal to the court took place in 2003. And from that moment the court began to consider the case on the division of jointly acquired property between the former spouses. And this case is still pending.

But when the FC came into force, the judge suggested to the plaintiff in the statement of claim to correct references to the norms of the Marriage and Family Code on FC, part of the claims for the division of the apartment privatized in the name of one of the spouses during marriage was allocated to a separate proceeding and considered on the basis of the Law of Ukraine “On the privatization of the state housing stock”, in fact, without taking into account the provisions of the FC.

In some courts, the rules of the new FC were simply applied to the “old” legal relations, which ended before 2004.

For example, persons apply to the court for divorce and note that the marriage was registered, for example, in 1999, but since 2003 they have not been living together.

The question of which law should be applied to resolve the case, in our opinion, does not require unnecessary comments – legal relations can be qualified according to the law that was in force at the time of termination of legal relations – the Marriage and Family Code, but a law can also be applied according to which make the appropriate entries in the act.

Otherwise, it turns out that in the event of termination of cohabitation of spouses in de facto marital relations, for example, in 2003 or earlier, the court will apply the FC norms, which is unlawful, since the law does not have retroactive force in time.

Division of property in case of divorce in Ukraine

Division of property in case of divorce in Ukraine

When considering cases of divorce with a simultaneous division of the spouses’ property, judges most often use such a method of securing a claim as the seizure of property and money belonging to the defendant and held by him or other persons.

Such measures are allowed at any stage of the consideration of the case, since their untimely adoption or non-acceptance may complicate or make impossible the execution of the court decision.

The provision for securing a claim may be included by the plaintiff in the statement of claim for divorce or in the statement.

The judge must consider this application on the day it is received without notifying the defendant and other persons participating in the case.

Family lawyer when filing a lawsuit for dissolution of marriage in Ukraine

Family lawyer when filing a lawsuit for dissolution of marriage in Ukraine

When filing a lawsuit for divorce, it is best to contact a family lawyer who will help you quickly and efficiently resolve the case in your favor.

Our lawyers specialize in solving family law cases, so they know the subtleties and nuances that will help speed up the process.

The advantages of going to family law lawyers are:

  • the efficiency of solving the case when filing a claim for divorce;
  • quick preparation of documents for their submission to the court;
  • saving material and time resources in solving the case;
  • the ability to resolve issues online.
The best way to save time and money when filing a divorce lawsuit is to seek the advice of a good family lawyer!

Contact our family lawyers if a positive outcome is important to you when filing a divorce lawsuit.

If you do not know how best to proceed when filing a lawsuit for divorce – call our family lawyers and they will help you understand the situation!

Frequently asked questions to a lawyer in Ukraine

Frequently asked questions to a lawyer in Ukraine

Can a husband file a divorce suit while his wife is pregnant?
What address is indicated in the claim against the defendant for the recovery of alimony and divorce, if his whereabouts are unknown?
In what cases is it necessary to file a statement of claim for divorce?
Do you need a personal presence of the client in court?
What is your experience in family affairs?
What is the cost of legal services in your company?

 

If the article “Divorce lawsuit” was useful to you, please like it. We will provide you with the most relevant and useful information in the field of family law, as well as on current changes in the legislation of Ukraine.

Useful site materials advokat-family.com.ua:

  1. Duplicate certificate
  2. How to get a court decision
  3. Joint statement on divorce
  4. Divorce through the registry office at the request of one of the spouses
  5. Divorce through the registry office
  6. Divorce through the registry office
  7. Divorce with a Crimean registration
  8. Divorce for the migrants
  9. Registration of a divorce that was abroad
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