Divorce through the registry office

Divorce through the registry office in Ukraine

Dissolution of marriage in Ukraine at the request of spouses who have no children

Dissolution of marriage in Ukraine at the request of spouses who have no children

Spouses who have no children have the right to submit an application for divorce to the state civil registration authority.

If one of the spouses, for a good reason, cannot personally submit an application for divorce to the state civil registration authority, then the other spouse can submit a notarized or equivalent application on his behalf.

The state body for registration of acts of civil status issues a resolution on divorce after one month from the date of filing such an application, if it has not been withdrawn.

The marriage is dissolved regardless of the existence of a property dispute between the spouses.

Family lawyer in Ukraine

Family lawyer in Ukraine

Our lawyers are often asked the question: How to dissolve a marriage through the registry office? How to dissolve a marriage through the registry office without the presence of a husband? Can the registry office issue a resolution on the registration of divorce if one of the spouses did not appear at the procedure for valid reasons?

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

Application of spouses for divorce in Ukraine

Application of spouses for divorce in Ukraine

We consider it necessary to draw the attention of specialists to the difference in the provisions of Part 1 of Art. 105 of the Family Code from Art. 106 of the Family Code, where the legislator no longer focuses on the joint statement of the spouses on divorce, and on other conditions – the spouses have no children and according to part 3 of this rule – regardless of whether there is a property dispute between the spouses.

Based on the simultaneous analysis of Part 1 of Art. 105 of the Family Code and Part 1 of Art. 106 FC we can conclude:

  • spouses can submit one general application to the registry office for divorce (part 1 of article 105 FC);
  • an application for divorce can be submitted to the registry office by each of the spouses personally (part 1 of article 106 FC);
  • if one of the spouses, for a good reason, cannot personally submit an application for divorce to the state civil registration authority, such an application, notarized or equated to it, can be submitted on his behalf by the other spouse (part 1 of article 106 FC).

The joint application of the spouses for divorce is considered by the registry office within one month.

Upon the expiration of this period from the date of submission of such an application, the registry office issues a resolution on divorce.

As follows from Part 1 of Art. 106 FC An application for divorce can be filed by one of the spouses, provided it is properly completed.

But in Part 1 of Art. 106 FC it is only about the application of the second spouse.

Consideration of an application for divorce in Ukraine

Consideration of an application for divorce in Ukraine

The question arises, should both spouses be directly involved in the consideration of the application for divorce?

Is there such a consideration of their complaint on the merits, or is the marriage dissolved only on the basis of their applications, that is, the registry office makes only a resolution on the dissolution of the marriage, if it has not been withdrawn?

This rule does not say anything about the presence of both spouses when the registry office considers their applications for divorce, however, there are cases when one of the spouses, for a good reason, cannot appear to dissolve the marriage and register it.

In this case, the dissolution of marriage and state registration of the divorce of this fact can be carried out in the absence of one of the spouses, but at the same time he must send confirmation – a written statement that he is notified of the time and place of the dissolution of the marriage, agrees to such dissolution, asks to carry out these actions in his absence.

Such a statement, if sent by mail, must be properly executed, the signature of the person must be notarized (it is also allowed to certify the signature at the place of work or residence).

Good reasons for failure to appear for divorce proceedings in Ukraine

Good reasons for failure to appear for divorce proceedings in Ukraine

In addition, it is advisable to add indisputable proof of the validity of the reasons for failure to appear, for example, a certificate or order to send on a long-term business trip abroad, and the like.

If the spouses, for good reason, did not come to the dissolution of the marriage and its registration, at their request, the dissolution and registration can be postponed to another day, but this period cannot exceed one year. If both spouses fail to appear without good reason to dissolve the marriage and register this fact, but if the spouses wish to do so, a new application may be submitted to the registry office.

If the application for divorce has not been withdrawn, when both spouses or one of them show up (the second is absent for valid reasons), the registry office issues a resolution on the registration of divorce, which makes a note in the Registration Book of the deed (if the marriage was divorced in that registry office where he was registered), and issues a Certificate of divorce (although the law states that Article 181 of the Marriage and Family Code does not apply, since similar rules are provided for in Article 106 FC, but the latter does not say anything about issuing a Certificate on divorce).

Checking the marital status of persons who are going to divorce in Ukraine

Checking the marital status of persons who are going to divorce in Ukraine

If the marriage was registered with another registry office, then a decree on the registration of the dissolution of the marriage is sent there to mark that such a marriage has been dissolved.

This should be done by the registry office, since there are cases when people are not interested in this.

If each of the spouses has submitted an application to the registry office at the place of residence of one of the spouses, then the divorce can be carried out and registered at the place of residence of each of them under certain conditions.

Therefore, after receiving an application about the desire to dissolve the marriage and its registration, the registry office is obliged to find out whether the marriage was dissolved, whether its dissolution was registered in another department of the registry office and whether there is a mark about its dissolution in the Registration Book of the deed of registration of marriage.

Therefore, he must explain to one of the spouses that after receiving a response from the registry office, where the marriage record is kept, divorce can be registered.

After receiving such a request, the registry office at the place of storage of the marriage record must, within a week, inform about the presence or absence of a mark in the marriage record on the registration of its dissolution by one of the departments of the registry office.

Divorce registration in Ukraine

Divorce registration in Ukraine

If there is no such mark, then one of the spouses is invited and the registry office registers the dissolution of the marriage, which is reported to the registry office, where the marriage record is kept.

After the registration of the divorce, a stamp on the dissolution of the marriage is affixed in the identity documents of the husband, wife, the surname, first name and patronymic of the person with whom the marriage is being dissolved, the date (day, month, year) and the place of registration of its dissolution are indicated.

Family lawyer in resolving divorce cases through the registry office in Ukraine

Family lawyer in resolving divorce cases through the registry office in Ukraine

In resolving a divorce case through the registry office, the most optimal is 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 resolving the issue of divorce through the registry office;
  • 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 in divorce through the registry office is to seek advice from a good family lawyer!

To resolve the case, you need to call or write to our family lawyers and we will provide you with all the necessary information as soon as possible!

Frequently asked questions to a lawyer in Ukraine

Frequently asked questions to a lawyer in Ukraine

Does each spouse have to submit a separate application for divorce?
How long does it take to consider a joint application of the spouses for divorce?
Can the registry office issue a resolution on the registration of divorce if one of the spouses did not appear at the procedure for valid reasons?
Is the client's personal presence in court required?
What is your experience in family affairs?
What is the cost of legal services in your company?

 

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Useful site materials advokat-family.com.ua:

  1. Duplicate certificate
  2. How to get a court decision
  3. Joint statement on divorce
  4. Divorce suit
  5. Divorce through the registry office at the request of one of the spouses
  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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