Divorce with a minor children

Divorce with a minor children in Ukraine

Divorce if you have minor children in Ukraine

Divorce if you have minor 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 “Divorce from children through the court” I will tell you how to file for divorce if you have minor children, what documents do you need for divorce in Ukraine, if you have a child, can you apply for divorce through the court, with the child under one year, how long does it take to divorce if you have a child, perhaps divorce with children without trial, how much does a divorce through the court cost in 2021.

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

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How to file for divorce in Ukraine if you have minor children, sample of the statement

How to file for divorce in Ukraine if you have minor children, sample of the statement

If the spouses agree to dissolve the marriage, but at the same time have common children, the application for divorce in the presence of children will be considered in court on the basis of Art. 109 of the Family Code.

Family law provides the possibility for spouses with children to dissolve the marriage in this manner under the following conditions:

  • submission of a common statement for divorce;
  • existence between the spouses who have children of mutual consent to divorce, as well as the mutual certainty and agreement on such issues: which of the parents the children will live with, what part in ensuring their living conditions will be taken by the one who will live separately, regarding the conditions of exerting the right to personal upbringing of children;
  • submission, together with the statement for divorce, of a written agreement about 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 the conditions for exercising the right to personal upbringing of children.

What documents do you need for divorce in Ukraine if you have a child?

What documents do you need for divorce in Ukraine if you have a child?

Spouses with children have the right to apply to the court for divorce together with a written agreement about whom of them the children will live with, what part the parent who will live separately will take in ensuring their living conditions, as well as about the conditions of exercising by that part of the right to personal upbringing of children.

In some cases, in the court judgment on divorce of spouses with children, it is noted that the following should be added to the statement:

  • notarial certified agreement between the parents on participation in exercising of parental rights and determination of the child’s place of residence;
  • notarial certified agreement between the parents on the payment of child support;
  • notarial certified agreement between parents on the payment of child support.

The ruling of the Plenum of the Supreme Court of Ukraine also emphasizes that the courts should check compliance with the notarization of the agreement on the amount of alimony for the child (children).

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 stipulate in the agreement the procedure, conditions and forms (monetary and in kind) of providing of child support after divorce.

Is it possible to file a statement for divorce through the court in Ukraine if the child is under one year?

Is it possible to file a statement for divorce through the court in Ukraine if the child is under one year?

Pursuant to article 110 of the Family Code, a divorce statement cannot be filed 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 criminal offense against the other spouse or a child.

How long does it take to divorce in Ukraine if you have a child?

How long does it take to divorce in Ukraine if you have a child?

A divorce statement with or without children is considered in a simplified procedure and takes about 2-3 months if the other party is not against the divorce.

If necessary, the issue of recovery of alimony is resolved in a special procedure and does not affect the progress of the consideration of a divorce case.

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.

Divorce without trial in Ukraine if you have children

Divorce without trial in Ukraine if you have children

As determined by Article 106 of the Family Code, an out-of-court administrative divorce is possible only on the basis of a submitted application with the general consent of the spouses who intend to dissolve the marriage and there are no common minor children.

In this case, divorce is possible at the registry office at the place of registration of one of the spouses.

Accordingly, it is not difficult to conclude that divorce without a trial in case if you have children is impossible, or possible only if the children are not common, or they have reached the age of eighteen.

Divorce through the court in Ukraine in 2021, price?

Divorce through the court in Ukraine in 2021, price?

The cost of a divorce through the court if you have children consists of a court fee and the cost of legal assistance in case of contacting a family lawyer.

In accordance with Art. 137 of the Civil Procedure Code, the amount of expenses for legal assistance of a lawyer in a divorce case consists of:

  • fee of a lawyer for representation in the court and other legal assistance related to a divorce case, including preparation for its consideration, collection of evidences, etc.;
  • the cost of the services of the lawyer’s assistant are determined in accordance with the terms of the agreement on the provision of legal assistance and on the basis of the volume of provided services and performed work and their cost paid or payable by the relevant party or third party.

The amount that should be paid in order to compensate for the costs of a lawyer required to provide legal assistance in a divorce case is established in accordance with the terms of the legal assistance agreement on the basis of relevant evidence confirming the implementation of the relevant costs.

To determine the amount of expenses for legal assistance in a divorce case if you have children, in order to allocate court costs, a participant of the case submits a detailed description of the work (provided services) accomplished by the lawyer and the costs incurred by him, necessary for providing of legal assistance.

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.

If the article “Divorce from children through the courts” was useful for you and you learned something new about divorce through the court if you have children, then like this article, subscribe to my YouTube channel, share with friends, press the bell to don’t miss new videos.

Useful site materials advokat-family.com.ua:

  1. Divorce with a foreigner
  2. Turnkey divorce
  3. Divorce by mutual consent
  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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