Divorce at the request of the guardian of one of the spouses

Divorce at the request of the guardian of one of the spouses

Divorce in a situation where one of the spouses has lost legal capacity due to mental disorders has a number of features. Responsibilities for protecting the rights of the incapacitated person are assigned to the legal representative. It is he who must draw up an application and participate in the process as his ward.

Divorce at the request of the guardian of one of the spouses

The basis is the statement of the guardian. The Family Code of Ukraine does not specify what reasons there may be for divorce in the interests of an incapacitated spouse. As practice shows, the most common reasons are:

  • there may be a danger to a person’s health if he continues to be married;
  • threat to his personal and property rights;
  • violation of the interests of an incapacitated man protected by the laws of Ukraine.

Divorce from an incompetent husband/wife

Divorce initiated by a guardian has several features.

  • The legal representative has the right to perform all the same procedural actions as his ward, whether he has legal capacity. In this case, the guardian cannot exercise the will represented in relation to his personal preferences.
  • A divorce can be filed by civil registry authorities (i.e., without going to court), even if the family has common minor children.
  • If disputes arise or disagreement of the second spouse, the representative can file a claim in court.

Documents, application for divorce from the wife’s guardian

When applying to the civil registry office or court with the intention of dissolving a marriage, the following documents must be submitted:

  • a statement of claim and its copy in the form established by the Civil Procedure Code of Ukraine, which must be supplemented with a marriage certificate and other documents according to the situation (for example, if there is a need to divide common property, you need to provide papers specifying its value, etc.);
  • identification documents of the applicant and his ward;
  • a document certifying the right of the guardian to represent the interests of the ward;
  • court decision on the incapacity of the ward;
  • additional requests, if any.

Also, do not forget about the need to pay state duty. You can submit an application directly to the civil registry office or through the official web portal “Appeal in the field of state registration of acts of civil status”.

The procedure for divorce at the request of a male guardian

Divorce in an administrative manner is carried out according to the following scheme:

  • An application and a package of necessary documents are submitted.
  • After a month, if the application has not been withdrawn, the divorce is registered. In the presence of the guardian, a corresponding act is drawn up and a certificate of divorce is issued. Let us remind you that stamps in the passport are no longer affixed.

It happens that after the divorce is filed, the former spouses have any disputes. To resolve them, it is necessary to go to court. Property issues are resolved only within three years after the divorce.

Divorce scheme in court

  • An application is submitted with a package of necessary documents.
  • Within 5 working days, the court determines whether it will be accepted for consideration, rejected, returned or left without movement.
  • If the application is accepted, the judge has the right to call for clarification of the circumstances of the second half or demand additional documents.
  • A meeting is scheduled and held. Participants receive summonses in advance indicating the time and date they must appear in court.
  • During the process, the current requirements of the spouses may also be considered.

Typically, a divorce is made no earlier than a month from the date of filing the application. As a rule, the case is considered in public, but at the request of its participants, a closed court hearing may be held. For one reason or another, the court may delay making a decision on divorce proceedings, but for no more than six months.

Conclusion

Divorce at the request of the guardian of one of the spouses can be carried out through the registry office.

The representative of the incapacitated person protects his interests and rights, performs all those actions that the ward himself could perform.

Regardless of which authorities the divorce process is carried out through, it usually does not take more than six months from the date on which the statement of claim was filed.

Services of a family lawyer

A family lawyer will provide you with legal advice and help you draw up all the necessary divorce documents at the request of the guardian of one of the spouses.

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 at the request of the guardian of one of the spouses will be resolved more professionally and quickly.

By contacting us, you are guaranteed to receive professional legal assistance in divorce upon the application of the guardian of one of the spouses.

 

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