On civil status acts during divorce

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Welcome to the website rozirvannya-shlyubu.com.ua! In the article “On civil status acts in case of divorce,” I will talk about the state registration of divorce, the civil registry department: registration of a divorce, the contents of the civil status act on divorce, the certificate of divorce. Read the article to the end and contact our law firm for legal assistance in family matters.

On civil status acts during divorce

The Law of Ukraine dated July 1, 2010 No. 2398-VI “On State Registration of Civil Status Acts” is the main law regulating the state registration of civil status acts. It is its position that one should focus on when resolving issues related to the legal registration of marriage and divorce.

This law includes the grounds for initiating divorce proceedings. This list is exhaustive, that is, other grounds cannot be an official reason for divorce.

In addition, the law contains:

  • a list of necessary documents for each of the grounds;
  • a list of information that must be included in the application for divorce.

The above-mentioned Law regulates the content of the registration record, as well as the certificate that is mandatory to be issued to spouses who have divorced by common consent in the civil registry office. Another important provision of this law is the procedure for changing a surname after a divorce.

Also, the Family Code of Ukraine regulates the state registration of civil status acts, as well as the divorce itself.

Contents of the civil status record on divorce

General rules for records of any civil status act (as well as records of divorce) are enshrined in Article 2 of Law No. 2398-VI. In order for such a record to be compiled, the applicant must provide all the necessary documents that are the basis for applying to the civil registry office, as well as an identification document of the citizen. Such a record must be prepared in two copies. They must be read and signed by the applicant, after which they are affixed with the seal of the registry office.

The record of the divorce deed includes the following information:

  • surname (both the one that was during the marriage and the one chosen after the divorce), first and patronymic, date and place of birth, place of residence, as well as the citizenship of each of the persons divorcing the marriage;
  • name of the civil registry office, date of preparation and number of such record;
  • about the document that is the basis for registering the divorce;
  • date of termination of marriage;
  • details of those documents proving the identity of persons who divorced;
  • series and number of the divorce certificate.

All this information constitutes the content of the record of the divorce deed.

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Divorce certificate

A certificate of registration of any act of civil status is a document that is issued as confirmation of the fact of state registration of an act of civil status. The divorce certificate is signed by the head of the DRATS body and sealed with the appropriate seal. A certificate must be issued to each spouse.

Such certificate must include the following information:

  • surname (both before and after the divorce), first and patronymic, citizenship, date and place of birth, nationality (if information about this is contained in the record of the act) of each of the persons divorcing the marriage;
  • date of termination of marriage;
  • record number, as well as the date of drawing up the act of divorce;
  • place of state registration of divorce (i.e. the civil registry office where such registration was carried out);
  • Full name of the person to whom the certificate is issued;
  • date of issue of such certificate.

The content of the record of the act of divorce is similar to the content of the certificate, which is determined by the need for clear regulation of such information in all documents.

State registration of divorce

It is the dissolution of marriage that is nothing more than an act of civil status, that is, an action of citizens that entails the termination of some rights and obligations and the emergence of others. Part 2 of Article 2 of the Law of Ukraine “On State Registration of Acts of Civil Status” dated 07/01/2010 No. 2398-VI- (hereinafter ZU No. 2398-VI) states that any act of civil status is subject to registration carried out by the civil registration authority (hereinafter referred to as the DRACS body). This happens by drawing up a special record, as well as by issuing a specific document on its basis – a certificate (Part 2 of Article 9 of Law No. 2398-VI).

State registration of divorce is regulated by Article 15 of Law No. 2398-VI.

  • State registration of divorce is carried out by the relevant body of state registration of acts of civil status in cases established by law.
  • State registration of divorce of spouses who do not have children is carried out by the relevant state civil registration authority at the place of residence of the spouses or one of them upon their application. If one of the spouses, for good reason, cannot personally file an application for divorce, such an application, notarized or equivalent to a notarized one, can be filed on his behalf by the second spouse.
  • State registration of divorce is carried out after one month from the date of filing the relevant application, if it has not been withdrawn.

Registration of divorce is carried out by the civil registry office:

  • at the place of marriage registration;
  • at the place of residence of the spouses;
  • at the place of residence of one of the spouses.

This rule is regulated by Article 15 of Law No. 2398-VI.

Each of the grounds listed above has its own registration procedure.

The first is the registration procedure when spouses jointly apply for divorce (if they do not have common children who have not reached the age of majority).

The joint application of the spouses is submitted in person either in writing or in the form of an electronic document.

  1. Such an application is sent directly to the registry office.
  2. It is also possible to send it through the web portal “Appeal in the field of state registration of acts of civil status”

Such a statement must contain the consent of the two spouses to divorce, as well as confirmation that they do not have common children under the age of eighteen.

In addition, the application must contain the following information:

  • Full name of each man, as well as the date and place of their birth, place of residence, as well as citizenship;
    nationality;
  • details of the civil status record of marriage registration;
  • those surnames that former spouses choose after a divorce;
  • details of those documents proving their identity (passport);
  • the handwritten signature of each of the divorcing spouses, and in addition the date of drawing up such a document.

Civil registry department: registration of divorce

Example

The Leontyev spouses applied to the registry office with a general statement, in which they indicated their intention to dissolve the marriage. This statement indicated that they had no children together. In addition, they provided documents confirming their identity, as well as a certificate confirming the registration of their marriage. After checking the correctness of the application, it was accepted for consideration. One month later, the Leontyev marriage was broken up, about which a corresponding deed record was drawn up.

In addition, the registry office issued the Leontyevs’ ex-wives with a corresponding divorce registration certificate (to each of them). After this, the Leontyev marriage was officially dissolved.

If one of the spouses is unable to appear at the registry office to submit an application, his consent to divorce must be formalized in a separate application, and the signature under it must be notarized.

The marriage is terminated a month after the application, always in the presence of at least one of the former spouses, upon presentation of a marriage certificate (they are returned with a note of divorce).

The procedure for filing an application for a divorce from a spouse has some differences from the above procedure. First of all, the peculiarity lies in the mandatory fulfillment of one of the following grounds:

  • The man was declared incompetent by the court.
  • the man was declared missing (dead) in court;

In this case, the application is submitted by one of the spouses and such an application must contain all the same provisions that are listed in the order of divorce with the consent of the spouses, but with some changes. Additionally, information about:

  • depending on the reason, indicate the place of residence of the guardian (if the man is incapacitated) who manages the property of the missing person (if the spouses are recognized as missing).
  • the basis specified in the law for such divorce (court decision);
  • common children, their number (if any);

In addition to the application, it is necessary to present a corresponding court decision confirming the basis on which such an application is submitted. In addition, the civil registry office must notify the guardian or property manager of the divorce within three days.

The last of the procedures for registering a divorce is divorce by court decision. The only difference is that in addition to the application (both written and oral), a court decision on divorce is submitted. This rule is enshrined in Article 115 of Law No. 2398-VI.

State registration of divorce depends on the grounds on which such a marriage is dissolved. Each of the bases has its own order, albeit similar, but with its own characteristics.

State registration of change of surname during marriage

As everyone knows, when registering a marriage, spouses can choose a common surname or leave their own premarital surname.

In addition, unless otherwise provided by law, the common surname of a spouse may be a surname formed by joining the wife’s surname to the husband’s surname. Such a surname cannot consist of more than two surnames connected by a hyphen.

Accordingly, when a marriage is dissolved, the question arises of what surnames the spouses will choose after the divorce.

  • save this last name
  • change to premarital (with state registration of divorce).

Actually, as mentioned above, when drawing up a record of divorce, as well as when issuing a certificate, the issue of changing or leaving the surname becomes clear.

In the future, the usual process of changing the passport occurs (if the surname has changed after the divorce). An application is submitted to the relevant authority, accompanied by a certificate of divorce (as a basis for changing the passport). 

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Conclusion

Thus, those provisions contained in Law No. 2398-VI are decisive for the entire process of registering divorce. The law contains all the necessary information to correctly carry out the entire divorce process. Of course, the law does not contain provisions for judicial dissolution of marriage, but it does consider further actions after receiving a divorce decree. That is, simply put, the above-mentioned Law of Ukraine regulates the final (legal) formalization of the termination of a marriage.

It should be noted that the mentioned law requires a minimum of documents necessary for such registration (they are specified for each basis). In addition, it is necessary to pay attention to the contents of the final document confirming the divorce – the certificate. It must contain specific information, without which it may be considered invalid. That is why you need to be extremely careful in this matter.

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