Divorce without the presence

Divorce without the presence in Ukraine

Divorce without the presence of one of the spouses in Ukraine

Divorce without the presence of one of the spouses 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 without the presence of spouses” I will tell you about the procedure of a divorce without the presence of one of the spouses, about the procedure of divorce through the registry office without the presence of one of the spouses, how does a divorce with children take place in the court without the presence of a husband, how to divorce without the presence of a husband in Ukraine and how to file for unilateral divorce without the consent of the husband.

Be sure to read the article “Divorce without the presence of spouses” on the website advokat-family.com.ua to the end and learn a lot of interesting things about divorce without the presence of spouses.

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Procedure of divorce without the presence of one of the spouses in Ukraine

Procedure of divorce without the presence of one of the spouses in Ukraine

If the spouses, for a good reason, cannot come to an agreement or to appear at the registry office to formalize a divorce on the appointed day, the divorce without the presence of the spouses cannot take place, according to the time frame of such registration, however upon written request, it can be postponed to another day.

In these case, the period for postponement of the state registration of divorce cannot exceed one year from the date of submission of the statement.

If the spouses did not appear for the registration of the divorce and did not inform about the reason of the failure to appear within three months from the date of submission of the relevant statement, the statement becomes invalid.

If one of the spouses from a couple which has no children, for a good reason, cannot appear for divorce procedure, he/she can file a statement for divorce without presence, or within a month-period to notify the registry office in writing about the consent to register a divorce in his/her absence and indicate the location of the registry office, to which the divorce certificate should be sent. (Clause 16 of Chapter 3 of Section III of the Rules for State Registration of Acts of Civil Status in Ukraine, as amended by the order of the Ministry of Justice of Ukraine dated December 24).

Divorce with children but without the presence of the husband in the court in Ukraine

Divorce with children but without the presence of the husband in the court in Ukraine

How to properly file a divorce from children without the presence of a husband in court: In accordance with Art. 211 of the Civil Procedure Code, a participant in a case has the right to file a motion to consider the case without being present. If such a petition is filed by all the participants in the case, the trial of the case is carried out on the basis of the materials available to the court.

In general, the husband’s failure to appear at the hearing, provided that he was duly informed of the date, time and place of this hearing, does not prevent the consideration of the case on the merits, except in cases specified in Art. 223 of the Civil Procedure Code.

How to get a divorce without the presence of husband in Ukraine?

How to get a divorce without the presence of husband in Ukraine?

In part three of Art. 223 of the Civil Procedure Code states that spouses have the right to file a petition with the court to consider the case without being present.

At the same time, it is necessary to come to the court session upon the summons of the court, if their appearance is recognized by the court as compulsory, in accordance with paragraph 3 of part 2 of Article 43 of the Civil Procedure Code.

Therefore, it is important that such a petition as a statement on procedural issues (Article 182 of the Civil Procedure Code.) does not have the purpose of unreasonably delaying and hindering the consideration of the case, which, by virtue of paragraph 1 of part 2 of Article 44 of the Code of Civil Procedure, the court may recognize an abuse of procedural rights and depending on on the specific circumstances of the case to apply measures of procedural coercion (part 3 of Article 43, Articles 143-144 of the Code of Civil Procedure).

Divorce through the registry office without the presence of one of the spouses in Ukraine

Divorce through the registry office without the presence of one of the spouses in Ukraine

If the husband and wife still haven’t come to an agreement, but one of the spouses, for a good reason, cannot appear for state registration of a divorce, he can file a statement for divorce without children, or within a month-period to notify the registry office about the consent of divorce registration without presence in writing form  and indicate the location of the registry office, where the divorce certificate should be sent.

If a written message is sent, the signature on it of the spouse who insists on a divorce without being present should be notarized, and a corresponding note is made in the assembly record in the column “For marks”.

In this case, during the state registration of a divorce, all data of the second spouse are indicated in the assembly record according to the submitted divorce statement of spouses who do not have children, as the divorce took place without presence.

How to file for divorce unilaterally without your husband's consent in Ukraine?

How to file for divorce unilaterally without your husband’s consent in Ukraine?

Article 110 of the Civil Procedure Code establishes the right of each of the spouses to bring a claim for divorce in court if the spouses failed to reach an agreement.

Unlike dissolution of marriage by a joint application of spouses with children (Article 109 of the Family Code of Ukraine), dissolution of marriage by a civil registry office at the request of spouses who do not have children (Article 106 of the Family Code of Ukraine), divorce at the suit of one of the spouses determines a situation when the married couple did not come to an agreement and only one of the spouses seeks to terminate the marriage in court, while the second does not want this and insists on a divorce without being present.

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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Useful site materials advokat-family.com.ua:

  1. Divorce without documents
  2. Divorce without common children
  3. Divorce procedure
  4. International Divorce Lawyer
  5. Family divorce lawyer
  6. Divorce statement
  7. Documents for divorce
  8. Quick divorce
  9. Divorce decision
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