Grounds for divorce

Grounds for divorce in Ukraine

Grounds for divorce in Ukraine

Grounds for divorce 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 “Grounds for divorce” I will tell you what are the grounds for divorce in Ukraine, what are the grounds for unilateral divorce, are there grounds for refusing a divorce, is divorce possible on the basis of a court decision.

Be sure to read the article “Grounds for divorce” on the website to the end and learn a lot of interesting things about the grounds for divorce.

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What are the grounds for divorce in Ukraine?

What are the grounds for divorce in Ukraine?

The grounds provided for the termination of marriage in Ukraine are regulated by the norms of family law.

  • The marriage is terminated in the event of the death of one of the spouses or is recognized as deceased in court;
  • The marriage is terminated due to its dissolution;
  • If one of the spouses dies before the entry into force of the divorce judgment, the marriage is deemed to have ended due to the death of the spouse;
  • If one of the spouses died on the day the court decision on divorce entered into force, it is considered that the marriage ended due to its dissolution.

Divorce is one of the main reasons for ending a marriage in Ukraine. The reason for divorce is that the spouses do not want to continue the relationship and maintain the conjugal union.

Today, the national family law provides for the procedure for divorce in two state bodies – the registry office and the court.

Administrative divorce occurs on the basis of Art. 106, 107 Family Code:

  • by mutual application of the spouses;
  • at the request of one of the spouses, if the other is recognized as incompetent or missing.

Divorce in the courts takes place in accordance with Art. 109, 110 of the Family Code on the basis of:

  • the statement of claim by the spouses;
  • joint statement of the spouses.

Grounds for unilateral divorce in Ukraine

Grounds for unilateral divorce in Ukraine

Divorce by mutual consent in Ukraine is possible both in the registry office and in the judiciary.

The ground for unilateral divorce is the lack of consent of the second of the spouses and is carried out exclusively in court.

If both spouses agree to the divorce procedure, but one of them is physically unable to be present at the time of filing an application with the registry office, the divorce will take place unilaterally through the court.

The right to file a statement of claim for divorce to one of the spouses is granted by Art. 110 Family Code.

After all the actual reasons for the collapse of the spousal union and the filing of the claim in general have been clarified, the court makes a decision.

We recommend that you familiarize yourself with the website of the family lawyer Scriabina D.S. also with the following topics: divorce, alimony, division of spouses’ property, deprivation of parental rights, divorce while abroad, divorce in a closed court session, dissolve a marriage concluded abroad, husband, wife, children before and after divorce, errors in divorce documents, divorce translator, duplicate certificate.

Grounds for refusing divorce in Ukraine

Grounds for refusing divorce in Ukraine

According to current family law, there are certain grounds for refusing a divorce.

If we talk about the registry office, then the grounds for refusing to accept an application for divorce are:

  • unilateral desire of the spouse to divorce;
  • the presence of common children;
  • contact not at the place of registration of residence of the spouses;
  • the absence of one of the spouses to register for a divorce. In certain cases, divorce through the registry office without the presence of one of the spouses is allowed.

The court may refuse to accept the application on the basis of gross violations committed when drawing up such an application in accordance with Art. 173, 175, 183 of the Civil Procedure Code.

Guided by Art. 185 Code of Civil Procedure, the judge can make a ruling to leave the statement of claim without movement. This definition indicates the errors of the statement of claim that need to be corrected.

The court provides a time limit for eliminating errors and re-filing a claim.

Refusal to accept the statement of claim may be based on non-compliance with the territorial jurisdiction of the divorce case to this court of Art. 27, 28, 29 of the Civil Procedure Code.

Subject to all the requirements for drawing up and filing a statement of claim, the court accepts the claim for consideration and analyzes the actual relationship of the married couple, the presence of common children and other life circumstances of the family.

The court decides that the marriage is subject to dissolution only if the further preservation of the family will be to the detriment of both spouses.

However, one should not forget that marriage in Ukraine is based on the voluntary consent of a man and a woman, and coercion in any of its manifestations is excluded.

Divorce on the basis of a court decision in Ukraine

Divorce on the basis of a court decision in Ukraine

Divorce in court, as the basis for the termination of marriage, is certified by a court decision. A marriage is considered to be dissolved after the divorce judgment has entered into force. Divorce on the basis of a court decision is carried out by sending a court decision to the registry office by territorial affiliation to enter information about the divorce in the marriage record.

According to the norms of family law, the divorce mark is put on the day of receipt of the court decision on the front side of the marriage record. After putting such a mark on the paper form of the deed of marriage, similar information about the divorce is entered into the State Register.

If you do not know how to get a court decision on divorce or do not have the physical ability to personally apply to the judicial authorities, contact the family divorce lawyer Alexei Nikolayevich Scriabin, and he will help you quickly resolve all legal issues.

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 consultation 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 and I will definitely answer you.

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Useful site materials

  1. All you need to know about divorce
  2. Where to file for divorce?
  3. How to get a divorce in Ukraine
  4. Invalid of a marriage
  5. Marriage
  6. Divorce if you are abroad
  7. Recognition of marriage as invalid
  8. Translator in the divorce cases
  9. Marriage with a foreigner
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