Divorce in Ukraine

Divorce in Ukraine

The current legislation of Ukraine provides for two options for divorce: through the civil registry office (civil registration authorities) and through the court (judicial procedure). Of course, from a legal point of view, it is easier to get a divorce by submitting an application to the registry office, but not all couples have this opportunity, for example, you will have to go to court for a divorce if the spouses have common minor children, if one of the parties (the spouse) does not agree to separate or if they have disputes over the division of property. 

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Welcome to the website rozirvannya-shlyubu.com.ua! In the article “Divorce in Ukraine” I will talk about divorce in Ukraine, divorce in Ukraine through the registry office, how to get a divorce: preparing an application, a lawyer for divorce, how much does a divorce cost in Ukraine, the period for reconciliation, a court decision, assistance from a lawyer in the field family law upon divorce in Ukraine. Read the article to the end and contact our law firm for legal assistance in family matters.
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Divorce in Ukraine through the registry office

You can contact the civil registry office only if certain conditions are met:

  • the spouses submit a joint application without objecting to the divorce, and also do not have common children who are under 18 years of age;
  • only one of the spouses files for divorce in the event that the second spouse is declared missing or incompetent by a court decision.

How to get a divorce: preparing an application

An application for divorce should be submitted to the registry office, which may be located:

  • at the place of residence of the spouses (living together) or at the place of residence of one of the parties;
  • at the place of marriage registration.

The application must include all information about the spouses (names, surnames, addresses, passport details), as well as the grounds for divorce.

Also on the site rozirvannya-shlyubu.com.ua the following materials may be useful to you: Cancel a court decision on divorce, How to quickly get a divorce, Divorce from a Czech, Invalidation of a divorce, Divorce procedure, Divorce in court, Divorce without the presence of a defendant.

How much does divorce cost in Ukraine?

In the event of a divorce, each party to the family relationship must pay a state fee for the divorce service. According to the current tax legislation, the following amount of state duty is established:

  • by mutual agreement of spouses who do not have minor children → 0.5 of the tax-free minimum income of citizens;
  • with persons recognized as missing or incompetent in accordance with the established procedure → 0.03 of the tax-free minimum income of citizens.

Terms and procedure for divorce

1 month after filing the application, you can receive a divorce decision and, accordingly, a certificate of divorce. This period is provided so that the spouses can rethink the decision made. Only after confirmation of readiness to complete the divorce procedure will the former spouses be issued a certificate of divorce.

Divorce in court

Any judicial procedure always involves certain procedures and duration of resolution of the case. This is also true in divorce proceedings. You should get a divorce through the court in the following cases:

  • the spouses have common children who have not reached the age of majority;
  • spouses cannot independently resolve property disputes;
  • one of the spouses does not consent to a peaceful divorce or refuses to submit a joint application to the registry office.

An appeal to the court begins from the moment of filing a statement of claim for divorce, which must be drawn up in accordance with all the rules of civil proceedings of Ukraine for its speedy acceptance by the court for consideration.

Deadline for reconciliation

The judge, at his own discretion, determines whether it is possible to save the family. If there is even a minimal probability, then he can set a deadline for the spouses to reconcile. This period cannot be more than 6 months. In order to reduce the term appointed by the court, the parties have the right to ask the court to do so, providing justification for such a reduction.

Court hearing and issues decided by the court during it

The court hearing is held on a day appointed by the judge. The parties are notified in advance of the date and time of the hearing. The following issues can be decided by the court:

  1. With whom the parents will the children live?
  2. On the collection of child support.
  3. On the collection of alimony for a former spouse.
  4. On the division of joint property of spouses.

The court’s decision

In divorce proceedings, a court decision is one main document, because it is on the basis of it that the marriage will be declared dissolved.

A court decision on divorce entails legal consequences only after it enters into legal force. To do this, it is necessary for 30 days to pass after its issuance, that is, this is the time provided by law for the possibility of appealing it.

The court decision can be appealed to a higher authority. This can be done not only by the plaintiff or defendant in the case, but also by any third party participating in the case. In addition, when appealing, it is permissible to appeal not only the fact of divorce, but also how the court divided the joint property of the spouses or determined the place of residence of the children.

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Possibility of changing surname

After divorce, spouses have the right to change their surname. This must be done at the time of registering the divorce with the registry office, or you can not do it right away, but do it later if you wish. Remember that when you change your last name, you will have to change your passport, and, accordingly, all other necessary documents!

Special cases

When a marriage is dissolved, there may be situations that require separate proceedings.

Divorce without a man present

Divorce without the presence of one of the parties is possible in the following cases:

  • if a man is physically unable to be present in court or the registry office;
  • if a man does not agree to a divorce and expresses this by his absence;
  • if a man is declared incompetent or missing by a court.

If one of the spouses cannot be present during the divorce procedure, he can authorize a proxy to represent his own interests.

The court may also conduct a trial in absentia. In this case, the defendant is informed of the divorce, and he must inform about the impossibility of attending the meeting and ask to postpone the hearing or consider the case without him, but if he does not take advantage of this right, the court will make a decision in absentia.

If the defendant fails to appear at the hearing three times for reasons that cannot be considered valid, the court at the last hearing makes a decision on divorce.

With joint consent, the civil registry office employees and the judge can dissolve the marriage in the presence of only one of the parties. It should be remembered that in the absence of mutual consent, a marriage can only be dissolved in court.

Divorce from a foreigner

You can divorce a foreign citizen in Ukraine both with the help of the civil registry office and in court.

Divorce with the help of the registry office is carried out according to the standard procedure. It is also possible to dissolve a marriage without the presence of a foreign spouse, but in this case, his or her statement certified by a notary is required.

Divorce in court can be accompanied by a number of difficulties in the absence of a foreign man on the territory of Ukraine. In such a situation, it is possible to dissolve the marriage without the presence of this spouse, but it is required to obtain a corresponding application from him, as well as full respect for his rights in accordance with the legislation of the country of which he is a citizen.

Divorce from a convicted man

If one of the spouses is convicted (regardless of the term of punishment) and is in prison, then the other spouse can dissolve the marriage with him in court or dissolve the marriage in the state civil registration authorities by mutual consent with the second spouse, and in the event lack of common children. It should be noted that the case of divorce from a person sentenced to imprisonment can be considered by the court with the participation of a representative of such a person.

Help from a lawyer in the field of family law during divorce in Ukraine

A lawyer in the field of family law is a specialist who will help to effectively and quickly resolve a dispute about divorce in Ukraine in a short time!

Our lawyers specialize in cases in the field of family law, so they know all the nuances and details of resolving such cases.

A family law lawyer will help you:

  • minimize the costs of divorce in Ukraine;
  • choose the right business tactics;
  • quickly and effectively resolve a divorce case in Ukraine;
  • achieve the desired result.
Question for a lawyer
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