Divorce laws

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Greetings rozirvannya-shlyubu.com.ua! In the article "Divorce Laws" I will talk about the family code for divorce, legislation on divorce, civil code for divorce, court fees for divorce. Read the article to the end and contact our law firm for legal assistance in family matters.

Divorce laws

The system of regulatory legal acts operating on the territory of Ukraine is diverse. Its set depends on the scope of regulation. This also applies to family law, in particular to divorce proceedings. The fundamental documents in this area are the Family Code of Ukraine and the Civil Code of Ukraine. They contain the basic concepts and provisions regulating this issue.

However, the divorce procedure itself is described in the Procedure for registering acts of civil status, as well as in the Civil Procedure Code of Ukraine. In accordance with all the above-mentioned acts, special norms also apply, for example the Tax Code of Ukraine, as well as many by-laws. Let’s try to look at the main ones.

Divorce legislation

Example

The presence of consent of both spouses and the absence of common minor children; in any case when one of the spouses is declared missing or incompetent.

In all other cases, divorce is carried out only in court. Moreover, spouses may always have questions regarding the division of property, determining the place of residence and the order of communication of minor children, and the collection of alimony, therefore the legislator has established that, regardless of which body the marriage of such persons is terminated, the resolution of these issues is always within the jurisdiction of the court. The regulation of these issues is not limited to Chapter 11 of the Family Code of Ukraine.

Thus, the Family Code of Ukraine is a special law that should directly guide lawyers and ordinary citizens when deciding on a divorce.

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Civil Code for Divorce

The Family Code of Ukraine directly provides for cases where the norms of civil legislation of Ukraine may be applied to family relationships. In particular, this applies to property and personal non-property relations, unless these rules contradict their essence. Divorce proceedings are no exception to this rule. Here it is necessary to highlight only the first part of this act, which sets out general provisions on the existing institutions of civil law.

Consequently, the Civil Code of Ukraine does not directly indicate that this or that norm relates to divorce. This can only be understood in conjunction with the norms of the Family Code. This may include the following:

  1. Regulation of legal capacity and legal capacity. Recognition of a person as incompetent.
  2. Declaring a citizen dead or recognizing him as missing, as well as restoring the rights of these persons if they appear.
  3. List of civil status acts.
  4. Regime of common joint property of spouses.

Based on the foregoing, it is necessary to conclude that these norms, although they carry an additional information load, are not inferior in importance to the norms of family legislation of Ukraine.

Example

Without knowledge about the legal capacity of a person and the procedure for recognizing him as incompetent, one of the spouses may have problems dissolving their marriage.

Family Code for Divorce

One of the legislative acts in Ukraine regulating the divorce process is the Family Code of Ukraine. It is in it that you can see the following provisions:

  • the ability to determine the body where you need to apply with the relevant application;
  • grounds for termination of marriage;
  • cases and procedure for carrying out such a process based on the characteristics of the subject composition;
  • the moment of legal termination of the marriage;
  • the possibility of updating it.

Briefly speaking about these provisions, it should be noted that the termination of a marriage is carried out in connection with the death of one of the spouses (or recognition of him as deceased), as well as through its dissolution in the prescribed manner. In this case, the decision of the spouses to divorce can be either general or unilateral. Depending on this, one should distinguish between judicial procedure and termination in the registry office.

In the “administrative” procedure, the divorce process is faster, but it is not always possible to use it. Cases of dissolution of marriage with the help of the registry office are directly enshrined in Chapter 11 of the Family Code of Ukraine.

Law on state registration of acts of civil status

Another important legislative act in the field of regulating the issue of termination of marriage is the Law of Ukraine No. 2398-VI of July 1, 2010 “On State Registration of Civil Status Acts.” This law was adopted accordingly and in pursuance of the requirements provided for by the norms of the Civil Code of Ukraine and the Family Code of Ukraine.

According to the Family Code of Ukraine, it is the main one for regulating the divorce procedure in the civil registry office. Here you need to provide information such as:

  1. The basis for divorce is only a joint application of the spouses, one of them (in cases provided for by the Family Code of Ukraine), and also a court decision to enter into force.
  2. Registration of this fact is carried out at the place of residence of these persons or at the place of marriage registration.
  3. Detailed regulations are given on how this act of civil status is recorded, the procedure for registration and issuance of the corresponding certificate.

It is necessary to dwell in somewhat more detail on the procedures for divorce depending on the subject composition. First of all, it is necessary to note the general provisions among them:

  • setting a one-month period by the registration authority (usually for reviewing the decision).
  • presentation of an identity document, as well as a marriage certificate;
  • submitting the appropriate application;

The differences between these processes are as follows:

  • presentation of additional documentation (for cases of unilateral termination – a court decision recognizing one of the spouses as missing or incompetent);
  • the registering authority must notify the guardian (or guardianship and trusteeship body) of this in established cases, as well as the property manager of the funds of the other half;
  • when registering a divorce, at least one of the spouses may be present (if they apply jointly), and the applicant himself must be present in case of unilateral dissolution.

Another point that this legislative act indicates is that all applications submitted, as well as certificates issued, including those related to divorce, are strictly unified.

Example

Order of the Ministry of Justice of Ukraine No. 1904/5 dated November 13, 2014 “On approval of the Procedure for providing forms of certificates of state registration of acts of civil status to departments of state registration of acts of civil status of departments of state registration of interregional departments of the Ministry of Justice of Ukraine, in the territories of which anti-government is carried out”, Order of the Ministry of Justice of Ukraine No. 1578/5 of October 29, 2012 “On approval of the Procedure for maintaining records and reporting on the use of forms of certificates of state registration of acts of civil status, as well as their storage” and others.

Court fee for divorce

The current legislation of Ukraine indicates that a court fee or state duty must be paid for registering a divorce in accordance with the requirements of the Law of Ukraine “On Court Fees” and the Tax Code of Ukraine. Moreover, it must be paid regardless of whether the divorce is carried out in the registry office or in court.

Let us remind you that according to the Tax Code of Ukraine, the state duty is understood as a fee levied on persons applying to a particular body or official to perform legally significant actions.

Taking into account the above, in accordance with the Tax Code of Ukraine, the following fees are provided for divorce:

  • with the general consent of the spouses (without children), 0.5 of the tax-free minimum income of citizens, which is 8 UAH.50 kopecks.
  • in case of unilateral termination (on the grounds specified by the current legislation of Ukraine) – 0.03 of the tax-free minimum income of citizens is 0.51 kopecks.
  • The court fee for divorce in court in 2021 is 908 UAH. 00 kop.

Payment of the state duty/court fee in this case is made before the submission of the relevant documents for consideration to a particular authority. At the same time, it is important to take into account that its amount also includes services for issuing the relevant certificate.

An important circumstance in this connection is that the very legal essence of the state duty, which is discussed in the Tax Code of Ukraine, with this approach loses its meaning and becomes a certain “penalty”, which is unacceptable within the framework of family legal relations. Therefore, this legislative initiative was not adopted and the corresponding law does not exist today. 

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The procedure for divorce according to the law in Ukraine

When considering the topic of laws regulating the divorce process in Ukraine, it is necessary to dwell on the following points:

The fundamentals of family legal relations are regulated only by the Family Code of Ukraine, in parts that do not contradict it – by the Civil Code of Ukraine.

The procedure for divorce is specified in the procedural documents: the Law of Ukraine “On Civil Registration” – for the civil registry office, the Civil Procedure Code of Ukraine – for the court. 

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