- Grounds for termination of marriage in Ukraine
- Family lawyer in Ukraine
- The concept and procedure for termination of marriage in Ukraine
- Invalidation of marriage in Ukraine
- Participation of a family lawyer in resolving cases of termination of marriage in Ukraine
- Frequently asked questions to a lawyer in Ukraine
Grounds for termination of marriage in Ukraine
A marriage ends when one of the spouses dies or is declared dead.
The marriage is terminated due to its dissolution.
If on the day of entry into force of the court decision on the dissolution of the marriage, one of the spouses has died, it is considered that the marriage ended as a result of its dissolution.
Family lawyer in Ukraine
On our website advokat-family.com.ua you will find all the answers to your questions in the field of family legislation of Ukraine.
The concept and procedure for termination of marriage in Ukraine
The Family Code states that a marriage ends when:
- death of one of the spouses or declaring him deceased;
- its termination.
The termination of a marriage is understood to mean the termination in the future of legal relations between spouses, which arose from a registered valid marriage, due to certain legal facts.
The legislator includes the death of one of the spouses or his being declared dead (or the establishment of the fact of death by way of special proceedings) and dissolution of the marriage to such legal facts.
But with regard to such a reason as the death of one of the spouses, the following points should be taken into account: if one of the spouses died before the entry into force of the court decision on the dissolution of the marriage, then the marriage is considered terminated due to his death, and if on the day of the entry into the decision on the dissolution of the marriage into legal force, the marriage is considered terminated due to its dissolution.
Invalidation of marriage in Ukraine
With regard to the actual death, this legal fact by the second of the spouses must be documented for the registry office, that is, on the basis of indisputable evidence, among which may be a death certificate of a person issued by the registry office on the basis of the registration of the fact of death by this body, which will be the basis to terminate the marriage.
In this case, the very fact of registration of the termination of marriage is not provided for by law.
With regard to such a basis as the declaration of a person as deceased, this legal fact must be established in a special procedure.
After the entry into force of the decision to declare the person as deceased, the court sends the decision to the relevant state registration authority for the registration of the death of an individual at the place of residence of the applicant. After such registration, the registry office also issues a certificate.
In part 1 of Art. 104 FC among the grounds for the termination of marriage, a legal fact must also be found, which is established by the court in a special procedure – this is the fact of death.
This fact is established by the court when there is evidence of the death of a person at a certain time and under certain circumstances. But the registry office refuses to register the death, for example, in connection with the missed deadline for such registration or the lack of indisputable written evidence.
The court, having made a decision to establish the fact of death, after the entry into force of the decision, sends a copy of it to the registry office at the place of residence of the applicant for registration of this fact, in confirmation of which a certificate is issued.
Among the grounds for termination of marriage, the legislator in FC singled out such as divorce.
As for the state bodies empowered with the authority to dissolve the marriage, the law provides for an alternative, that is, the marriage can be dissolved by the registry office, but subject to the spouses submitting a joint statement (Article 105 FC) or one of them (Article 107 FC), and also by the court (parts 2, 3 of article 105 of the FC): by a joint application of the spouses or one of the spouses with children (article 109 of the FC), and subject to the preliminary conclusion and notarization of a written agreement on alimony and determination of the place of residence of children, their education and alimony obligations (Article 110 FC).
Participation of a family lawyer in resolving cases of termination of marriage in Ukraine
In determining the grounds for the termination of a marriage, the most optimal is to contact a family 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 grounds for the termination of the marriage;
- quick preparation of documents for their submission to the court;
- saving material and time resources in resolving the issue;
- the ability to resolve issues online.
To resolve the issue, you need to call or write to our family lawyers and we will provide you with all the necessary information as soon as possible!
Today you can solve any issue remotely – online, just write to the messenger (Viber, Telegram, WhatsApp) to our family lawyers.
Frequently asked questions to a lawyer in Ukraine
If the article “Grounds for the termination of marriage” was useful for you, please like it. We will provide you with the most relevant and useful information in the field of family law, as well as on current changes in the legislation of Ukraine.
Useful site materials advokat-family.com.ua:
