Reconciliation of spouses

Reconciliation of spouses in Ukraine

Court activities for reconciliation of spouses in Ukraine

Court activities for reconciliation of spouses in Ukraine

The court takes measures to reconcile the spouses, if this does not contradict the moral foundations of society.

When considering cases of divorce, the judge must take all measures to reconcile the parties. He should not approach the solution of cases of divorce, as the most widespread category of civil cases, but, on the contrary, should fully and comprehensively clarify all the circumstances of the case, the relationship between spouses, the reasons for the dissolution of marriage, the presence of young children, a disabled child.

If it is found that the discord in the family is of a short-term nature and taking into account young children, the judge must give the parties a time limit for reconciliation and postpone the consideration of the case.

In general, reconciliation takes place in the consideration of cases of divorce in court in the course of action proceedings and in the case when the other of the spouses objects to the dissolution of the marriage.

Family lawyer in Ukraine

Family lawyer in Ukraine

Our lawyers are often asked the question: How to apply for reconciliation of spouses? Is reconciliation impossible in any case? How long can the court give spouses who filed for divorce to reconcile?

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

Granting of the term for reconciliation by the court to the spouses in Ukraine

Granting of the term for reconciliation by the court to the spouses in Ukraine

Therefore, the court must take measures to reconcile the parties, while hearing the opinion of the parties on the advisability of granting a period for reconciliation.

With regard to the period during which such reconciliation can take place, in practice this term has usually been reduced to six months.

Specialists should pay attention, in the new Code of Civil Procedure, in contrast to the Code of Civil Procedure of 1963, in Art. 169, which deals with the postponement of the consideration of the case, there is no period for which the case of divorce due to the reconciliation of the parties can be postponed.

In part 4 of Art. 176 of the Code of Civil Procedure of 1963, the provision was enshrined that in the case of divorce, the court may, postponing the consideration of the case, appoint the spouses a period for reconciliation, which should not exceed six months.

Since now there is no such provision in the Code of Civil Procedure, the period of reconciliation must be consistent with the general period for the consideration of civil cases, provided for in Art. 157 Code of Civil Procedure.

That is, the court considers cases within a reasonable time, but not more than two months from the date of the opening of the proceedings.

In part 2 of Art. 157 of the Code of Civil Procedure notes that in exceptional cases, at the request of the parties, taking into account the peculiarities of the consideration of the case, the court, by a resolution, may extend the consideration of the case, but for no more than one month.

Therefore, based on the analysis of Art. 157 of the Code of Civil Procedure, it can be concluded that, in general, the period for reconciliation can be three months, if this is requested, for example, by the defendant, if he objects to divorce through the court and taking into account the circumstances of the case.

In addition, it should be noted that this period, at the request of the persons participating in the case, can be reduced by the court if there are grounds for this, which, in our opinion, must be supported by evidence.

When reconciliation measures are not applied in Ukraine

When reconciliation measures are not applied in Ukraine

But if it is established that the further life of the spouses together and the preservation of the marriage is contrary to the interests of one of the spouses, the interests of their children, the family has broken up and it is impossible to save it, the parties do not maintain intimate relations for a long time, they have a different budget, they run a separate household, one of the spouses or both may be in de facto marital relations with others and create a new family, they may have children, the judge must dissolve such a marriage.

When the court takes measures to reconcile the spouses, it is necessary to proceed from the fact that such reconciliation does not contradict the moral foundations of society.

Family lawyer in Ukraine when deciding cases when applying for reconciliation

Family lawyer in Ukraine when deciding cases when applying for reconciliation

In resolving a case when applying for reconciliation, 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 when submitting an application for conciliation;
  • 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 applying for reconciliation is to seek the advice of a good family lawyer!

Please contact our family lawyers if a positive outcome is important to you when applying for reconciliation.

If you do not know how best to proceed when applying for reconciliation – call our family lawyers and they will help you understand the situation!

Frequently asked questions to a lawyer in Ukraine

Frequently asked questions to a lawyer in Ukraine

How long can the court give spouses who filed for divorce to reconcile?
When is reconciliation impossible?
Do you need a personal presence of the client in court?
What is your experience in family affairs?
What is the cost of legal services in your company?

If the article “Reconciliation of spouses” 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:

  1. Grounds for termination of marriage
  2. Time registration of marriage
  3. The right to marriage
  4. How to pick up an application for divorce in court
  5. Mistake in divorce documents
  6. Apostille on the court decision on divorce
  7. Apostille on documents
  8. Certificate of marital status
  9. Divorce certificate
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