- Divorce without presence in Ukraine
- Divorce through the Civil Registry Office in Ukraine without the presence of a spouse
- Divorce in the registry office without a spouse, who is recognized as missing in Ukraine
- Divorce in the registry office in Ukraine if one of the spouses is legally incompetent
- Divorce unilaterally through the Civil Registry Office and through the court in Ukraine
Divorce without presence in Ukraine
In the article “Divorce without presence” I will tell you about divorce through the registry office without the presence of a spouse, divorce in the registry office without a spouse who is recognized as missing, divorce in the registry office, if one of the spouses is incapacitated, unilateral divorce through the registry office and through the court …
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Divorce through the Civil Registry Office in Ukraine without the presence of a spouse
As you know, Art. 106 of the Family Code of Ukraine provides for the procedure for filing an application and registering a divorce without the presence of one of the spouses. In this case, it is necessary to draw up a statement and notarize it. In addition, it is mandatory to draw up a power of attorney for the second of the spouses, in order to submit such an application to the state registration authority.
The divorce procedure in the registry office can be roughly divided into 2 stages:
- filing an application;
- registration of the divorce record.
If one of the couple understands that due to a good reason he will not be able to attend the second stage of the divorce, the legislator has provided for such a situation and established the procedure for submitting an application to postpone the date of divorce registration to the registry office. Spouses can choose any convenient date within a year from the date of application.
There is also the option of writing a statement, certified by a notary, that the spouse agrees to register a divorce without his presence and asks to send a certificate of divorce at the place of his location to the registry office.
It should be noted that, based on judicial practice, the courts encourage the divorce procedure in an administrative manner and may refuse to open proceedings in the case in the absence of circumstances that may impede the application to the registry office.
Based on the above, it should be emphasized that a divorce without registration of both spouses in the registry office is impossible.
Divorce in the registry office without a spouse, who is recognized as missing in Ukraine
The peculiarity of registering a divorce without the presence of a spouse who is recognized as missing is that the actual absence of a spouse prevents the establishment of his consent or disagreement to divorce.
According to the norms of the Civil Procedure Code of Ukraine, the presence of common minor children between spouses does not affect the right to dissolve the marriage in the registry office.
The spouse must attach to the application for divorce a court decision declaring the other of the spouses incapacitated.
Divorce in the registry office in Ukraine if one of the spouses is legally incompetent
The peculiarity of a divorce without a spouse, who is recognized as incompetent, is that a person recognized as legally incompetent is not capable of realizing the meaning of his actions, therefore, he cannot express his legally significant expression of will to register the dissolution of marriage and divorce occurs without his presence.
Part 3 of Art. 106 of the Family Code of Ukraine, the legislator focuses on the absence of a dispute on the basis of a possible division of the spouses’ property, at least because a dispute can arise only between a capable spouse and the guardian of an incapacitated person.
Divorce registration is also carried out without the presence of the incapacitated spouse, subject to the availability of a court decision on his recognition as such.
How to get a court decision declaring a spouse missing or incompetent? Contact your family divorce lawyer and he will receive a copy of the decision made by any court in Ukraine.
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 unilaterally through the Civil Registry Office and through the court in Ukraine
Summing up, it is advisable to analyze between the concepts of divorce unilaterally, without the presence of the spouse through the registry office and without the presence of the spouse through the court.
If your life circumstances fall under the category of divorce cases, which can be considered administratively, without involving the courts, you must understand that the registration of divorce takes place in the presence of both spouses. Otherwise, you need to contact a notary office in order to draw up an application and a power of attorney to submit documents to the registry office, spend money and time. In this case, the divorce will take place without one of the spouses legally.
In order to formalize a divorce unilaterally (without the presence of a spouse / spouses), it is especially important when it is necessary to figure out how to dissolve a marriage in Ukraine concluded abroad through a court, it is enough to contact a family lawyer and sign an agreement on the provision of legal assistance, on the basis of which a lawyer will be able to fully represent your interests in court, in all state instances, if necessary, a duplicate of the certificate in the registry office and so on.
Thus, the divorce proceedings can be carried out without the presence of the spouses / one of the spouses. The lawyer provides a full report on the work done at each stage of divorce.
The place of your stay does not play a significant role, we provide services throughout Ukraine and abroad. Ready-made divorce documents are sent to the address indicated by you.
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:
- Dissolution of marriage with a foreigner in Ukraine
- How to apply for divorce online
- Dissolution of marriage without the consent of the husband
- Divorce in a closed court session
- Divorce with a prisoner
- Divorce through the court without children
- How to return a maiden (premarital) surname after a divorce
- Terms of the divorce
- State registration of divorce