Recognition of divorce as fictitious in Ukraine
Upon the application of the interested person, dissolution of marriage, in accordance with the provisions of Article 106 and paragraph 3 of the first part of Article 107 of the Family Code, can be recognized by the court as fictitious if it is established that the woman and the man continued to live in one family, without intending to terminate the marriage.
On the basis of a court decision on divorce, the deed of divorce and the certificate of divorce are canceled by the state civil registration authority.
In part 1 of Art. 106, the provision is fixed that, upon the application for divorce of the interested person, in accordance with the provisions of Art. 106 FC and clause 3 of part 1 of Art. 107 FC, can be recognized by the court as fictitious if it is established that the woman and the man continued to live in one family, and did not intend to terminate the marriage.
Regarding the recognition of divorce as fictitious, it is advisable to extend the effect of this norm not only to the cases provided for in Articles 106, 107 of the FC.
Noteworthy is the proposal of scientists who believe that the law only needs to clearly define the conditions, grounds and procedure for recognizing divorce as fictitious.
Here it is advisable to raise the question that the fictitious dissolution of a marriage can be considered taking into account certain legal features.
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.
Claim to declare a marriage invalid in Ukraine
If both or at least one of the spouses are alive, then the application of the interested person on the recognition of the divorce as fictitious should be considered in the action.
Also, one of the spouses must file a claim with the other.
This is due to the fact that the spouses, as a result of consideration of such an application, the rights and obligations are restored.
In a special procedure, the application of the interested person or one of the spouses in the event of the death of the other spouse or both spouses should be considered.
At the same time, it is considered that both spouses cannot apply to the court with a statement about the fictitious dissolution of the marriage.
Divorce with a convicted person in Ukraine
With regard to divorce, when both spouses are in places of deprivation of liberty (this provision is not provided in the law), it is appropriate to proceed from the conditions of jurisdiction of these cases to the registry office and the court.
So, according to the literal analysis of Art. 107 FC, divorce is possible through the registry office at the request of one of the spouses, if the second spouse is convicted of a crime and sentenced to imprisonment for at least three years and is in prison, then it can be concluded that such a marriage is dissolved in court.
But, in our opinion, all the same, priority should be given to the presence of children by spouses.
If they are not there, then, in our opinion, such a marriage can be terminated by the registry office at the request of one of the spouses, which must be submitted at the last place of residence of the applicant and if there is a response from the other spouse about consent to divorce.
But if the convicts who are in the places of imprisonment of the spouses have children, then the dissolution of the marriage should be carried out in court.
In the event of a divorce through the registry office, the marriage is terminated on the day the relevant decision is made.
Family lawyer in Ukraine upon recognition of divorce as fictitious
In resolving a case when a divorce is recognized as fictitious, the most optimal is to contact a family lawyer for divorce, 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 contacting divorce lawyers are:
- the promptness of resolving the issue of recognizing the divorce as fictitious;
- 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.
To resolve the case, you need to call or write to our family divorce lawyers and we will provide you with all the information you need as soon as possible!
Frequently asked questions to a lawyer in Ukraine
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