Grounds for dissolution of marriage in Ukraine at the suit of one of the spouses
The court finds out the actual relationship of the spouses, the real reasons for the claim for divorce, takes into account the presence of a minor child, a disabled child and other circumstances in the life of the spouses.
The court makes a decision on divorce if it is established that the further life of the spouses and the preservation of the marriage would be contrary to the interests of one of them, the interests of their children, which are of significant importance.
If the measures taken by the court to reconcile the spouses (Article 3 of the Criminal Code) were in vain, that is, the parties did not reconcile, the judge must dissolve such a marriage.
But it should be noted that when considering cases of divorce, the judge must find out the actual relationship between the spouses, the real reasons for the dissolution of the marriage.
Since there are situations in life when spouses, continuing to live as one family, intend to break off the marriage in order to achieve some goal.
In particular, the filing of a claim for divorce by one of the spouses may be due to the need to solve housing issues, in particular, registration for housing, one of the spouses getting a job abroad, and the like.
Therefore, if the court finds that the dissolution of a marriage is carried out not for the purpose of terminating the marriage relationship, but for some selfish purpose, it must refuse to dissolve it.
When deciding on the dissolution of a marriage, the court must also take into account the presence of a minor child, a disabled child, as well as other significant circumstances in the life of the spouses.
And only after the court comes to the conclusion that the further life of the spouses and the preservation of the marriage is contrary to the interests of one of them, then a decision is made to dissolve the marriage. In particular, the wife is pregnant and expecting a child from another man, or vice versa – the husband lives for a long time in another family, incompatibility in an intimate plan, etc., the interests of their children, namely: cohabitation by the same family of husband and wife is impossible, since they constantly have fights, quarrels, negatively affect the psyche of children, their development, or there are other circumstances that are of significant importance, in particular, the husband is sick with kleptomania, which damages the honor of the family, or is a drug addict, alcoholic, etc., the court decides on the dissolution of the marriage.
Content of the decision on divorce in Ukraine
The decision in terms of content and form must comply with the requirements of the Code of Civil Procedure:
- The descriptive part must contain information about the fact of registration of marriage and the birth of children, if any, a generalized statement of the position of the plaintiff, that is, the circumstances by which the plaintiff justifies his claims for divorce (grounds for dissolution of marriage) with reference to evidence. Further, the indicated objections of the defendant against the dissolution of marriage with reference to the evidence with which he confirms these objections, or on the recognition of the claim.
- In the reasoning part, the court must indicate the circumstances established by it and determine the legal relationship corresponding to them, the reasons for which it considers it possible to dissolve the marriage or refuse to dissolve it, the analysis of the evidence with which the plaintiff substantiated his claims, and the defendant – the objections that he rejects from the evidence and makes references to the norms of the law on the basis of which he decided the case.
- In the operative part, the court must indicate whether it satisfies the claim for divorce, or refuses to satisfy it, notes how the court costs are distributed between the parties (equally or in shares, or which of the spouses is exempted from paying them). That is, in the operative part of the decision, all the necessary details for registration of such a decision in the registry office must be indicated.
Registration of the dissolution of such a marriage is carried out in the registry office, about which a Divorce Certificate is issued.
Family lawyer in solving cases on the basis of divorce through the court in Ukraine
In resolving a case based on a divorce through a court, the most optimal is to contact a family divorce lawyer, who will help you quickly and efficiently resolve the case in your favor.
Our lawyers specialize in solving family law cases, so they know the subtleties and nuances that will help speed up the process.
The advantages of going to family law lawyers are:
- the promptness of the decision of the case on the basis of divorce through the court;
- quick preparation of documents for their submission to the court;
- saving material and time resources in solving the case;
- the ability to resolve issues online.
Please contact our family lawyers if a positive result is important for you in the event of a divorce through a court.
If you do not know how best to proceed in the event of a divorce through a court, call our family lawyers and they will help you sort out the situation!
Frequently asked questions to a lawyer in Ukraine
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Useful site materials advokat-family.com.ua:
- Establishment of the regime of separate residence of spouses
- Credit and divorce – How to divide debts after divorce
- Divorce court fee
- Choosing a surname after divorce
- Surnames of husband and wife after divorce
- Persons who cannot be married to each other
- Recognition of divorce as fictitious
- The moment of termination of a marriage in the event of its dissolution
- Termination of marriage due to its dissolution
