- Documents for divorce through the court of Ukraine
- What documents do you need for a divorce in Ukraine?
- Documents for divorce with minor children in Ukraine
- Statement – the main document in case of divorce in Ukraine
- Statement for consideration of the divorce case without participation and presence in Ukraine
- What documents do you need for a divorce through a court in Ukraine, besides a marriage certificate?
In the article “Documents for divorce through the court” I will tell you what documents are needed for a divorce through a court in Ukraine, how to properly draw up documents for a divorce in Ukraine, documents for divorce are prepared in the presence of minor children, how a statement is drawn up – the main document in a divorce, what is an application for consideration of a divorce case without participation and presence and what documents are needed for a divorce through the court, except for a marriage certificate.
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Documents for divorce through the court of Ukraine
In accordance with the norms of the Code of Civil Procedure of Ukraine, if a divorce is formalized in a claim proceeding, then the plaintiff should attach to the statement of the claim copies of it, documents attached to it and their copies, in accordance with the number of defendants and third parties.
It should be noted that in order to file a statement of claim for divorce, the following documents should be attached:
- copy of the passport of the plaintiff and the defendant, if available;
- a copy of the TIN of the plaintiff and the defendant, if available;
- a copy of the marriage certificate, which should be dissolved;
- a copy of the birth certificate of the children (if the spouses have common children);
- receipt of payment of the court fee.
What documents do you need for a divorce in Ukraine?
All attachments to the statement of claim are divided into two groups:
- procedural documents;
- proofs or evidences.
In its turn, the procedural documents which need to be added to the plaintiff are also divided into two subgroups:
- procedural documents;
- statements on procedural issues.
Compared to the version of the Code of Civil Procedure of Ukraine until October 2017, the current version requires a larger number of attachements to the statement of claim and it writes out more thoroughly the rules for their presentation.
Among procedural documents that the plaintiff must add, there should be copies of the statement of claim.
Documents for divorce with minor children in Ukraine
In the case when the divorce is the subject for registration by the court authorities, if the spouses have minor children, the spouses should provide documents, namely:
- copies of passports;
- original of marriage certificate;
- receipt of payment of the court fee.
Among procedural documents that the plaintiff must add, there should be copies of the statement of the claim.
If the original marriage document is lost, the marriage record is not found, or is drawn up on the temporarily occupied territory, the divorce is preceded by the restoration of the marriage record by the competent registry office.
Statement – the main document in case of divorce in Ukraine
A statement of claim for divorce is filed to the court in writing and signed by the plaintiff or his/her representative, or by another person who is authorized by law to apply to the court in the interests of another person.
Te statement of claim for divorce should contain:
- name of the court of first instance to which the statement is submitted;
- given name (surname, first name and patronymic – for individuals) of the parties and other participants over the case;
- place of residence or stay (for individuals), postal code, as well as the registration number of the taxpayer’s registration card (for individuals), if any, or number;
- a series of passports for individuals – citizens of Ukraine (if such information is known to the plaintiff), the numbers of means of communication, official e-mail and e-mail addresses which are known
- the cost of the claim, if the claim is subject to monetary valuation; a reasonable calculation of the amounts recovered or disputed;
The cost of the claim is the monetary value of the claim. The cost of the claim should be indicated by the plaintiff in the statement of claim. By indicating the cost of the claim, the plaintiff should explain and justify it in the court.
As a rule, the cost of the claim is indicated in UAH, but it is possible to indicate it in foreign currency (for example, if the claim is filed by a non-resident).
Correct determination of the cost of the claim is a ground not only for the proper payment of the amount of the court fee, but also the effective protection of the rights and interests of the plaintiff.
Statement for consideration of the divorce case without participation and presence in Ukraine
Evidence-based activity of participants in a divorce plays a key role in civil proceedings.
Grounding of stated requirements in the case of divorce, or refuting them, is ensured by a set of rights of the participants regarding the evidentiary activity in the case.
Thus, participants over the divorce case have the right to present evidence, participate in court hearings, participate in the examination of evidences.
Civil procedural law also gives to participants over a divorce case a set of rights that enable them to play an active role in the process. In particular, this is the right to submit applications and motions, submit explanations to the court, present your arguments, considerations on issues arising in the process of trial, objections to the statements, motions, arguments and considerations of other persons, etc.
Considering documents on divorce by the court in the manner of simplified proceeding, the participants over the case set out in writing their requirements, objections, arguments, explanations and reasoning regarding the subject of the dispute exclusively in statements on the merits.
Thus, the plaintiff and the defendant have the right to draw up a motion to consider the case without the participation and presence of the plaintiff or the defendant; the case is considered in the absence of one or both parties to the case in the presence of a lawyer as a representative of one party.
What documents do you need for a divorce through a court in Ukraine, besides a marriage certificate?
For divorce through the court with children by common consent of the spouses, it is necessary to refer to the provisions of Article 109 of the Family Code of Ukraine. The article provides for the possibility for spouses with children to dissolve the marriage in this manner, subject to the following conditions for the availability of documents:
- filing a common statement;
- providing of passports;
- submission of certificates of marriage and birth of children;
- the existence between the spouses of mutual consent to divorce, as well as mutual certainty and consistency of such issues: which of the parents the children will live with, what kind of participation in ensuring the conditions of their life will be the one who will live separately, as well as on the conditions for exercising the right to personal education of children;
- statement, as well as a statement for divorce, of a written agreement on which of the parents the children will live with, what kind of participation in ensuring the conditions of their life will be that of the parents who will live separately, as well as on the conditions for exercising their right to personal upbringing of children.
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