Joint statement on divorce

Joint statement on divorce in Ukraine

Dissolution of marriage by a court decision on a joint application of spouses who have children in Ukraine

Dissolution of marriage by a court decision on a joint application of spouses who have children in Ukraine

Spouses with children have the right to apply to the court for divorce together with a written agreement on who of them the children will live with. conditions for the exercise of the right to personal education of children.

The agreement between the spouses on the amount of child support must be notarized. In case of non-fulfillment of this agreement, alimony may be levied on the basis of a notary’s executive note.

The court makes a decision on divorce if it is established that the application for divorce corresponds to the actual will of the wife and husband, and after the dissolution of the marriage, their personal and property rights, as well as the rights of their children, will not be violated.

Judgment on divorce in Ukraine

Judgment on divorce in Ukraine

The court makes a decision on divorce after one month from the date of filing the application. Before the expiration of this period, the wife and husband have the right to withdraw the application for divorce.

A marriage can be dissolved in court, as a general rule, if the spouses (adoptive parents) have children. According to the court order, a marriage can be dissolved at the joint application of the spouses, that is, if there is a mutual consent of the spouses to dissolve the marriage.

Family lawyer in Ukraine

Family lawyer in Ukraine

Our lawyers are often asked the question: How to draw up a statement of claim for divorce with minor children? When can a joint application for divorce be rejected? What should a spouse's representative have to file for divorce on their behalf?

On our website advokat-family.com.ua you will find all the answers to your questions in the field of family legislation of Ukraine.

Written agreement for a joint application for divorce in Ukraine

Written agreement for a joint application for divorce in Ukraine

First of all, when submitting such a joint application for divorce to the court, the spouses must conclude a written agreement between themselves, in which they determine: with which of them the children will live, what part in ensuring their living conditions will be taken by the parent who will live separately, as well as the conditions for the exercise of the right to personal education of children.

The presence of such an agreement is mandatory and is an integral part of the statement that supplements it.

The absence of such an agreement should not be a reason for refusing to accept an application, but can be regarded as a defect, therefore, the judge must provide a time limit to eliminate such a defect, and issue an appropriate ruling.

If this deficiency is not corrected, the application by the court decision must be returned to the applicants and will be considered not filed.

The case of divorce is opened with a statement of claim, since in this norm we are not talking about a claim at all, but only about a joint statement of the spouses.

It is considered that such a requirement is considered in a special procedure by submitting an application, where the spouses will be applicants, as an interested person in the case, a child aged 14 can participate in the case, the guardianship and guardianship authorities at the place of residence of the child.

But simultaneously with the consideration of the issue of divorce in accordance with Art. 109 FC can resolve disputes about the determination of the child’s place of residence, the recovery of alimony, the division of jointly acquired property, since such issues can be resolved by the court only upon dissolution of the marriage in a claim proceeding.

In addition to divorce in a separate proceeding, that is, on the joint application of the spouses, no claims can be resolved: neither for the recovery of alimony, nor for the division of jointly acquired property.

Article 109 of the FC deals only with the dissolution of marriage by agreement of the spouses and only this issue is decided by the court.

In a separate proceeding, the issue of material subjective right is not resolved, but the interest protected by law is protected by establishing certain circumstances – legal facts, from the establishment of which a person in the future will have, change or terminate a certain subjective right.

Therefore, when a marriage is dissolved by mutual agreement of the spouses, the issue of the subjective right to alimony, the division of property is not resolved, but if such a situation occurs when considering just such a case on divorce, then if a dispute arises about the subjective right, the court must leave the application without consideration and explain to interested parties that they have the right to file a claim on a general basis.

Agreement on the amount of child support in Ukraine

Agreement on the amount of child support in Ukraine

This position can be confirmed by the provisions of Part 2 of Art. 109 FC, which states that for the consideration of such a case, an agreement is also submitted between the spouses on the amount of alimony for the child, which must not only be concluded in writing, but must be notarized.

In addition, in the draft resolution of the Plenum of the Supreme Court of Ukraine “On the practice of the courts’ application of legislation when considering cases of divorce and division of the common property of spouses” from 2005 on an agreement on the amount of alimony for a child (children), then the courts should check compliance with the notarial certification of the contract, since the parties stipulate ways for the parents to fulfill the obligation to support the child to those of them who live separately from the child.

The parties stipulate in the contract the procedure, conditions and forms (monetary and (or) in kind) for the provision of maintenance by one of the parents.

The question arises whether it is the responsibility of the court when considering a divorce case in a special procedure to check “compliance with the notarial certification of the contract”?

But we should not talk about checking “compliance with the notarization of the contract”, but about checking its conditions and their compliance with the legislation, since there are cases when the provisions of the contract may not comply with the requirements of the law.

Failure to comply with the terms of the contract in Ukraine

Failure to comply with the terms of the contract in Ukraine

In this context, the question arises, what should be the actions of a judge if, when considering a divorce case in a special proceeding, he establishes the discrepancy between the terms of the agreement on the maintenance and upbringing of the child and the determination of his place of residence with the requirements of the law?

That is, under such conditions, he must refuse to divorce persons or apply the consequences, to leave the application without consideration, since a dispute about the right arose during the consideration of the case?

In case of non-fulfillment of this agreement (these can be separate agreements on the determination of the place of residence and upbringing of the child and an alimony agreement or one mixed agreement in which the issues of determining the place of residence of the child, his upbringing and maintenance will be resolved), the legislator has provided for simplified mechanisms for collecting alimony under this agreement on the basis of the executive inscription of the notary by the state executive service.

In our opinion, this provision should not be included in Art. 109 FC, since it does not directly relate to divorce.

Divorce statement in Ukraine

Divorce statement in Ukraine

When considering this category of cases, the court must check the actual expression of the will of the spouses to dissolve the marriage – whether such dissolution is carried out in order to terminate marriage and family relations, or for some other selfish purpose, for example, obtaining living space from the state, etc., not after the dissolution of the marriage, their personal and property rights, as well as the rights of their children, will be violated.

The ruling notes that when considering the case, the court does not decide whether it is expedient or inexpedient to further preserve the family.

The court only establishes that the application for dissolution of marriage corresponds to the actual will of the wife and husband, and after the dissolution of the marriage, their personal and property rights, as well as the rights of their children, will not be violated.

Consequently, the court must examine the case on the merits, and the applicants must support their claims with evidence, since the adversarial principle applies to special proceedings, except for certain exceptions.

But such an appeal to the court does not mean that the court will dissolve the marriage in any case, it may refuse to do so if the fictitiousness of such dissolution is established or the agreement on the establishment of alimony or the residence and maintenance of the child does not correspond to its interests.

The application for divorce is submitted jointly by the spouses in compliance with the requirements, as well as taking into account the specifics of this category of cases.

In addition to the main elements of the application, in this case it is necessary to indicate: information about each of the spouses, the presence of children, their surname, first name and patronymic, and also the grounds for dissolution of the marriage should be indicated.

Regarding the information with which of the parents the children will stay and live after the divorce, what kind of participation in ensuring their living conditions will be taken by the parent who will live separately, as well as the conditions for exercising their right to personal education of children, all this should be indicated in the contract, which must be attached to the application.

In the very application for divorce, there should only be a reference to such an agreement and, in addition, in the annexes to it.

Attached to the application:

  • copy of marriage certificate;
  • copies of birth certificates of children;
  • evidence in support of claims;
  • a written agreement on the upbringing of children and the determination of their place of residence (part 1 of article 109 of the UK);
  • a notarized agreement on the payment of alimony for a child (part 2 of article 109 of the FK);
  • copy of the application for the interested person;
  • receipt of payment of the court fee.

If an application on behalf of both spouses is submitted by a representative, he must have the authority to carry out this procedural action – a power of attorney, a contract of assignment.

Such a statement must be registered with the court registry and handed over to the judge in the order of priority.

The term for consideration of an application for divorce in Ukraine

The term for consideration of an application for divorce in Ukraine

As for the time frame for considering such a case, it should be noted that the Code of Civil Procedure provides for a general provision that the court considers cases within a reasonable time, but not more than two months from the date of the opening of the proceedings.

As for this category of cases, in part 4 of Art. 109 FC stipulates that the court makes a decision on divorce after one month from the date of filing the application (through the court office, that is, from the moment of its official registration).

But, in our opinion, the FC should not establish terms for the consideration of cases in court.

It turns out according to Art. 109 FC, the court does not consider the case, but only makes a decision, since modern judicial practice testifies to the appointment of the case for hearing within a month from the date of its filing.

Therefore, such a careless formula of Art. 109 FC stimulates decision-making, and not consideration of the case on the merits.

At the same time, a child who has reached the age of 10 is granted the right to express his opinion about his place of residence (part 2 of article 160 of the Criminal Code), which must be heard by the court.

The guardianship and trusteeship body, as an interested person, is also entitled and obliged, in our opinion, to represent the interests of a child under 14 years of age in such cases.

Therefore, it is considered that for a more balanced decision-making, it is advisable to provide the court with the time frames for making a decision, provided for other civil cases.

In part 4 of Art. 109 FC notes that the court decision on termination is made by the court after one month from the date of submission of the application, and as noted in the draft resolution of the Plenum of the Supreme Court of Ukraine, the court makes a decision the next day after the expiration of one month without summoning the applicants.

But we do not agree with this provision, since the Code of Civil Procedure does not provide for exceptions for this category of cases, such a case is considered in the absence of the applicants, in addition, it should be borne in mind that a decision should be made immediately after the end of the court examination of the case.

Therefore, it is understandable to think about the court making a decision without summoning the applicants, if there are valid reasons for this (illness of one of the spouses, business trip) and the applicants request to postpone the consideration of the case.

In addition, dissolution of a marriage may be subject to the provisions on reconciliation of spouses, and in practice this period may be 6 months.

As for the withdrawal of the application, this issue is also regulated by the Code of Civil Procedure, that is, the applicants have the right to refuse their application before a court decision is made.

The spouses will also have a period of one month to consider the court decision, during which the court decision comes into force.

Postponement of consideration of a divorce case in Ukraine

Postponement of consideration of a divorce case in Ukraine

If the spouses do not appear in court without good reason, and there are receipts in the case that they are properly informed about the time and place of the hearing, the court must postpone the consideration of the case for the first time and send them a letter stating that in case of their repeated failure to appear at the court meeting, which will be scheduled for a new date, their application will be left without consideration, if they or one of them does not receive an application for the consideration of the case in their absence.

If the application is left without consideration, the judge makes a decision, a copy of which is sent to the applicants, while the court must explain the consequences of such a procedural action, leaving the application without consideration on this basis does not deprive the person of the opportunity to reapply to the court to consider the case.

If the judge decides to dissolve the marriage, then in it he must decide on the distribution of court costs and after the entry into legal force, the persons must register such dissolution of marriage with the registry office, which is carried out by registration, and upon the application of the former spouse, a certificate of divorce is issued and a mark is put in the passport.

A marriage dissolved by a court is considered terminated from the date of entry into force of a court decision on divorce.

The case of divorce at the joint application of spouses with children is considered in a special procedure.

Family lawyer in Ukraine when deciding cases on filing a joint application for divorce

Family lawyer in Ukraine when deciding cases on filing a joint application for divorce

In deciding a case on submitting a joint application for divorce, 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 submission of a joint application for divorce;
  • 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.
The best way to save time and money when filing a joint divorce petition is to seek the advice of a good family lawyer!

To resolve the case, you need to call or write to our family lawyers and we will provide you with all the necessary information as soon as possible!

If you do not know how best to proceed when filing a joint application for divorce – call our family lawyers and they will help you sort out the situation!

Frequently asked questions to a lawyer in Ukraine

Frequently asked questions to a lawyer in Ukraine

When can a joint application for divorce be rejected?
What are the obligations and requirements for the agreement on the amount of alimony?
Что должен иметь представитель супругов, который подает заявление о разводе от их имени?
What should a spouse representative have when filing for divorce on their behalf?
What is your experience in family affairs?
What is the cost of legal services in your company?

If the article “Joint Declaration of Divorce” was helpful to 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:

  1. Duplicate certificate
  2. How to get a court decision
  3. Divorce suit
  4. Divorce through the registry office at the request of one of the spouses
  5. Divorce through the registry office
  6. Divorce through the registry office
  7. Divorce with a Crimean registration
  8. Divorce for the migrants
  9. Registration of a divorce that was abroad
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