Divorce with a pregnant wife

Divorce with a pregnant wife in Ukraine

Divorce with a pregnant wife in Ukraine

Divorce with a pregnant wife 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 a pregnant wife” I will tell you how to file a statement for divorce with a pregnant wife, whether a husband can divorce with a pregnant wife, how a divorce with the wife proceeds during pregnancy, or before the child reaches one-year-old, how is a statement for divorce with a pregnant wife drawn up on the initiative of the wife.

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

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Apply for a divorce with a pregnant wife in Ukraine

Apply for a divorce with a pregnant wife in Ukraine

The issue of divorce with a pregnant wife is currently very relevant. The divorce procedure in this case is regulated by the norms of the Family Code of Ukraine.

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

  • with a pregnant wife;
  • within one year after the birth of the child.

According to the resolution of the Supreme Court of Ukraine, this restriction concerns both the husband and the wife, including cases when the child was born dead or died until reaching one year old.

Exceptions to this rule are:

  • commitment by one of the spouses of an illegal act that contains signs of a criminal offense against the other spouse or child;
  • recognition of the paternity of the child conceived by another person;
  • exclusion of information about the father from the birth certificate of the child.

It should be noted that the current norm is progressive, because according to Part 2 of Art. 38 of the Code of Laws on Marriage and Family, recently only the husband did not have the right, without the consent of his wife, to initiate a divorce case with his pregnant wife and within one year after the birth of the child.

Can a man to divorce with his pregnant wife in Ukraine?

Can a man to divorce with his pregnant wife in Ukraine?

The procedure of divorcing of a husband with a pregnant wife is very delicate and requires certain knowledge in the field of jurisprudence.

In accordance with paragraph 5 of part 4 of Art. 185 of the Civil Procedure Code of Ukraine – “the husband’s statement of claim for divorce from his pregnant wife is returned in cases where it is submitted during the wife’s pregnancy or before the child reaches one year of age without complying with the requirements established by the Family Code of Ukraine, that is, the exceptions specified in Art. 110 of the Family Code of Ukraine”.

In such cases, the courts in their decisions, returning to the plaintiffs the statement for dissolution of marriage with the pregnant wife, note that from the content of the application and the documents attached to it, it is seen that the married parties have a child under the age of one year (or when the claim was filed during pregnancy of wife), and the evidence of unlawful behavior that contains signs of a crime, recognition of paternity by another person or exclusion of the husband from the record of the birth of the child by the plaintiff is not attached to the statement of claim.

We recommend that you familiarize yourself with the website of the family lawyer Scriabina D.S. also with such topics: divorce, alimony, division of spouses’ property, deprivation of parental rights, divorce in a closed court session, dissolve a marriage concluded abroad, husband, wife, children before and after divorce, grounds for divorce, errors in divorce documents, divorce translator, duplicate certificate, invalidation of marriage, divorce without registration, divorce without presence, court decision on divorce, divorce certificate, certificate of marital status.

Divorce with a wife in Ukraine during pregnancy, or before the child reaches one-year-old

Divorce with a wife in Ukraine during pregnancy, or before the child reaches one-year-old

Divorce between spouses by common statement and mutual consent, when the wife is pregnant, or before the child reaches one-year-old, requires close attention and a comprehensive consideration of the divorce case.

It should be noted that if the spouses agree on a divorce when the wife is pregnant, then they have the right to dissolve the marriage on the basis of the Family Code of Ukraine in the registry office.

Comparing divorce in the order of special and action proceedings, it should be borne in mind that the restrictions of Art. 110 of the Family Code of Ukraine relate specifically to filing a claim for divorce.

So, in the decision of the Collegium of the Judicial Chamber for Civil Cases of the Odessa Region Court of Appeal dated March 27, 2018, he considered the issue of divorce in Art. 109 of the Family Code of Ukraine (joint statement of spouses) up to a child of one year.

In making the appealed decision, the court of first instance proceeded from the fact that, according to the Civil Procedure Code of Ukraine, the application is returned in cases where the application for divorce from a pregnant wife was filed during the wife’s pregnancy without observing the requirements established by the Family Code of Ukraine.

However, the court did not take into account that these provisions relate specifically to the statement of claim with a pregnant wife, which is considered in the course of action. Whereas the applicants applied to the court with a joint statement, which should be considered in a special procedure.

Also, the court did not take into account that, according to Art. 109 of the Family Code of Ukraine “Divorce by a court decision on a joint application of spouses with children” even if the wife is pregnant is possible (resolution of the Judicial Chamber for Civil Cases of the Odessa Region Court of Appeal dated March 27, 2018).

Application for divorce with a pregnant woman on the initiative of the wife in Ukraine

Application for divorce with a pregnant woman on the initiative of the wife in Ukraine

Acknowledgment of the paternity of a child conceived by another person gives the wife the right to file a claim for divorce.

The decisions in such cases contain references to the existence of confirmation of the acknowledgment of the paternity of the unmarried person of the plaintiff’s unmarried child. In one of the decisions of 2017, it is indicated that the plaintiff at the time of the consideration of the case was pregnant with another man with whom she wanted to marry, therefore she asked to break the marriage between her and the defendant.

As seen from the notarized statement, this person confirms the fact that since October 2016 he has been living in a de facto marital relationship with the plaintiff, who is currently pregnant and he is the biological father of the unborn child (decision of the Irshava District Court of the Transcarpathian Region of February 3, 2017).

In opposite cases, the courts refer to the fact that thought the statement of claim with the pregnant wife was filed during the pregnancy of the wife, there is no evidence that the paternity of the unborn child was recognized by another person in the materials of the claim, such a statement is returned to the plaintiff.

It is possible to resolve the issue when the father is not the mother’s husband, both in court and voluntarily. So, if a mother who is in a registered marriage, at the state registration of birth, declares that her husband is not the father of this child, and in this regard asks not to indicate his father in the birth record, her request can be satisfied only if there is a common statement of spouses about the non-recognition of the husband as the father of the child, as well as statements of the mother and father of the child about the recognition of paternity. (Clause 19 of Chapter 1 of Section III of the Rules for State Registration of Acts of Civil Status in Ukraine).

Regarding the judicial procedure, then Art. 136 Family Code of Ukraine grants a person the right to challenge his paternity, namely, to file a claim to exclude the record of him as a father from the record of the birth of a child. In case of proof of the absence of consanguinity between the person recorded as the father of the child, the court makes a decision to exclude information about the person as the father of the child from the record of his birth.

In case of proof of the absence of consanguinity between the person recorded as the father of the child, the court makes a decision to exclude information about the person as the father of the child from the record of his birth.

Court when considering divorce cases, with the existence of a child under one year, the court certainly notes in the decision that as, in accordance with the child’s birth certificate, not a party of the case, but another man with whom the wife lives together, is recorded as his father, therefore the existence of a child under one year, in this case, it is not an obstacle to the consideration of the case and the dissolution of the marriage.

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.

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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. Divorce by mutual consent
  5. Online divorce
  6. Child support after divorce
  7. Divorce abroad
  8. Divorce in another city
  9. Divorce without the consent
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