Divorce by mutual consent
The simplest option for divorce is divorce by mutual consent of the spouses. This procedure is carried out through the state civil registration authorities (registry office).
Dissolution of marriage by mutual agreement
For a divorce by mutual consent of the spouses to be possible, the following conditions must be met:
- absence of common minor children;
- mutual consent and willingness to come together to the registry office.
If these conditions are met, then it is necessary to write a joint application submitted to the civil registry office. If the husband or wife does not express their consent, the matter can only be resolved by going to court.
In some cases, the consent of the other party is not required. This applies to situations where one of the spouses is declared missing or incapacitated by a court decision.
Documents for divorce by mutual consent of spouses
To get a divorce in a simplified manner, you need to have the following documents:
- passports;
- marriage certificate (original).
They must be presented to the employee of the Civil Registry Office when registering the application for divorce.
Application for divorce with consent of spouses
In order for a government agency to be able to officially perform a divorce by mutual consent of the spouses, it is necessary to notify it of the need. There are two options for filing an application.
- Regular – filing an application in the form developed by law, completed and signed directly in the department in the presence of an employee of the civil registry office.
- Notarial – filing by one party of an application in the form, with the simultaneous filing of a separate document by the other party, who is unable to appear in person, by mail or through a representative (it must be certified by a notary, the head of the correctional facility or the head of the place of detention).
The written request must include the following information:
- Full name, date and place of birth, citizenship, place of residence of each of the applicants (nationality is indicated upon request);
- grounds for termination of marriage;
- requisites of the registry office;
- the surnames that the husband and wife will bear after the official divorce;
- details of documents certifying the identity of each of the parties;
- signatures and date of compilation.
Procedure for dissolution of marriage by mutual consent
In order to dissolve the family union, the husband and wife must go through the following procedural steps.
- Determination of the civil registry office to which the relevant application must be submitted. It is not difficult to do this, since the civil legislation gives the right to choose between the following departments of the registry office: at the place of residence of both parties, one of the parties, or at the place of marriage registration. This step, as a rule, does not take much time.
- Writing an application for consent to divorce to the selected registry office department.
- Payment of state duty. Currently, the state registration of divorce by civil status registration authorities (including the issuance of the relevant certificate) is subject to a duty, the amount of which is 0.5 of the tax-free minimum income of citizens. It is paid, as a rule, on the day of submission of all documents.
- Waiting for the expiration of the period established by law. According to the Family Code of Ukraine, it is necessary to wait one month before the relationship is officially terminated. This term is calculated from the date of submission of documents.
- Divorce immediately. Both spouses must be present during this procedure. On the same day, a certificate is issued stating that legally the family no longer exists. Corresponding marks are no longer placed in passports.
The second of the above-described stages can take a minimum of time when filing the application documents together. However, when submitting a request by mail or through a representative, longer deadlines may be required.
Divorce with the consent of the spouses
Dissolution of marriage by mutual consent is a relatively quick procedure that can be carried out only when there are no property disputes or joint children who have not reached the age of majority. It usually takes a little more than one month and allows you to get by with minimal financial and moral costs.
Services of a lawyer in family matters
A family lawyer will provide you with legal advice and help you draw up all the necessary divorce documents by mutual consent.
We are responsible for the quality of legal services and guarantee a positive result.
With the help of a family lawyer or lawyer, your divorce case will be resolved more professionally and quickly by mutual consent.
By contacting us, you are guaranteed to receive professional legal assistance for divorce by mutual consent.
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Take the first step towards your victory in a legal case for divorce by mutual consent, call or write to a lawyer and you will get answers to all your questions.
