Divorce in the registry office without the presence of spouses

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Candidate of Legal Sciences
Welcome to the website rozirvannya-shlyubu.com.ua! In the article “Divorce in the registry office without the presence of spouses” I will talk about divorce without the presence of a spouse in court, divorce without the participation of spouses through the court, and the services of a lawyer in family matters. Read the article to the end and contact our law firm for legal assistance in family matters.

Divorce in the registry office without the presence of spouses

According to the Family Code of Ukraine, the procedure for state registration of divorce in the civil registry office in the above circumstances is carried out in accordance with the requirements of the Rules for state registration of acts of civil status.

The procedure for obtaining a divorce is as follows:

  • Submission of a corresponding application by the husband wishing to dissolve the marriage to the civil registry office at the place of residence or at the place of registration of the marriage. Moreover, such a statement has a form approved by law.
  • Payment of state duty in accordance with the requirements.
  • Submission of additional documents. Such documents include documents proving the identity of the applicant (i.e. we are talking about a passport), a marriage certificate, a court decision declaring a person missing or incompetent.

After submitting the above documents to the registry office, its employee sets a date for divorce. In this case, a divorce can be carried out no earlier than one month from the date of filing the application and only in the presence of the parties (the applicant).

Upon receipt of the relevant application, the civil registry office employee informs about it and the date of divorce within three days by sending a notification to the following persons (depending on the basis):

  • guardian (guardianship and trusteeship body) of an incapacitated man;
  • the property manager is missing.

On a certain date, the registrar carries out the divorce and issues a certificate of divorce. In addition, he also returns the marriage certificate with the appropriate mark (if any). 

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Divorce without the presence of a spouse in court

I want to break up with my man. He does not give me consent, but he is declared incompetent, I am his guardian. Is it necessary to file a divorce in court?

In your case, in accordance with the IC of Ukraine, it is possible to dissolve your marriage in the civil registry office, however, if you are both the applicant and the guardian, a conflict of interest may arise. In this regard, the interests of your spouse should be represented by the guardianship and trusteeship authorities.

Divorce without the participation of spouses through the court

In conclusion of the issue under consideration about the possibility of divorce without the participation of one of the spouses, I would like to draw attention to the following points:

  1. The list of grounds for carrying out such a divorce process is exhaustive.
  2. The applicant must have the necessary additional documents, obtained in the prescribed manner, to confirm the circumstances concerning the “fate” of the funds of the second half.
  3. Mandatory payment of state duty for registration actions.
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Services of a family lawyer

A family lawyer will provide you with legal advice and help you draw up all the necessary divorce documents in the registry office without the presence of the spouses. 

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