Documents for divorce

Documents for divorce

The package of documents required for divorce depends on the divorce: in the registry office or in court. Spouses wishing to end their family union will be required to:

  • passports and taxpayer codes of spouses;
  • marriage certificate;
  • receipt for payment of state duty or court fee;
  • application for divorce in the prescribed form.
If the termination of a marriage occurs in court, additional certificates and documents may be required. For example, birth certificates of children, certificates confirming income (for example, from a place of work), documents on property rights, and more. The court may require the provision of other documents if, simultaneously with the divorce hearing, the division of property belonging to the spouse is taking place, or the issue of which parent the children will live with is being decided.

In case of divorce through the court, copies of the main documents are attached to the application. Their originals will be required at the previous meeting. The judge will check the original passports and marriage certificates.

For an administrative divorce, that is, in the registry office, at the request of one of the spouses, the necessary documents confirm that the termination of the marriage without the presence of the other party is lawful. This may be a court decision that the other party is declared incompetent or missing.

List of documents for divorce through the registry office

According to the Family Code, the Ukrainian termination of marriage in the civil registry office is possible with the joint consent of the spouses, if they do not have common children who are under 18 years of age. This method of filing a divorce takes a minimal amount of time and requires a small amount of documents.
In this case, you can submit documents for divorce not only at the civil registry office at the place of residence of the spouse, or at the place of marriage registration, but also through the portal However, a certificate of divorce must be obtained directly from the civil registry office.

To terminate a marriage administratively, the following documents will be required:

  • originals of spouses’ passports;
  • marriage certificate;
  • receipt of payment of state duty;
  • application in writing (it is drawn up in the prescribed form), a form to fill out can be obtained from the Civil Registry Office.

The divorce application contains information about both spouses: full name, place of residence, date of birth, citizenship, passport details. It also reflects the spouses’ requests to change or maintain their surname after a divorce.

The state fee for divorce can be paid at a bank branch or directly at the registry office. The amount of the state fee for dissolution of a family union in the civil registry office is 0.5 of the tax-free minimum income of citizens (17 UAH x 0.5 = 8.50 UAH). You can pay it at a bank branch, through an ATM, self-service terminals or directly in the department MARRIAGE REGISTRY.

Documents for divorce through the registry office upon application from one of the spouses

Divorce in the registry office occurs only with the general consent of the spouses. However, the Family Code of Ukraine provides for several cases in which an administrative divorce can be obtained without the presence of the second spouse. According to the current legislation of Ukraine, termination of a family union at the request of only the husband or wife is possible if:

  • one of the spouses is declared missing;
  • one of the spouses is declared incompetent.

In these cases, the spouse who initiated the divorce provides the civil registry office with a standard package of documents, to which is attached a court decision confirming the above-mentioned circumstances.

In order to file a unilateral divorce, you will need to wait until the court decision comes into force and receive a copy of it. If one of the spouses is declared incompetent, then the civil registry office will send a copy of the application for divorce to his guardian or the guardianship and trusteeship authorities performing his role.

When a marriage is dissolved, the civil registry office unilaterally changes the application form. You will need to fill out an application in the prescribed form. It differs in that information about the other party is indicated according to the applicant, and there is also an additional column about the presented copy of the court decision.

What documents are needed to divorce a marriage through court?

The package of documents required for a divorce in court may differ slightly. The district court hears divorce cases complicated by a dispute over children, the assignment of alimony, or the division of joint property of the spouses.

The documents required for divorce through the court are submitted along with the statement of claim. The list of required documents includes:

  • a statement of claim demanding a divorce (it indicates information about the spouses, as well as the reasons why further life together is impossible);
  • passports and taxpayer code of the spouses (if the divorce occurs unilaterally, then only the initiator of the divorce presents the passport, information about the other party is provided if available);
  • copies of children’s birth certificates;
  • marriage certificate;
  • receipt for payment of the court fee.

Могут понадобиться справки, подтверждающие состав семьи, доход супругов, выписка из домовой книги и прочее. Если параллельно с расторжением брака происходит разделение совместно нажитого имущества, суд вправе пригласить чеки, квитанции и другие документы, подтверждающие принадлежность собственности. Выступающей истцом стороне нужно уплатить судебный сбор, который будет зависеть от цены иска.

Documents for divorce through court if there is a child

Divorce of spouses who have common children under 18 years of age occurs only in court. If the spouses who want to end their family relationship have agreed on with whom the minor children will live after the divorce, then the divorce is processed much faster.

In this case, the spouses can supplement the required set of documents with a written agreement on children. The document may contain agreements between the spouses on:

  • further place of residence of common children;
  • the order of his visits and communication with each parent;
  • the amount and procedure for paying child support.

The agreement is notarized and reviewed by the judge during the hearing. It should be noted that agreements should not contradict the rights and interests of the child. If the spouses could not agree on who the children will live with after the divorce, then in addition to the required documents, documents that can confirm the position of the husband or wife may be needed. The court may consider as evidence:

  • certificates of employment or income certificates;
  • characteristics confirming the immoral behavior of the second parent;
  • acts of inspection of living conditions drawn up by guardianship and trusteeship authorities;
  • medical reports if one of the spouses had a drug or alcohol addiction.

All these documents can influence the court’s decision regarding which parent the child will live with after the divorce.

What documents are needed for a divorce without the consent of one of the spouses?

According to current legislation, the dissolution of a family union without the consent of one of the spouses, as well as in a situation where the spouse comes to the registry office to submit documents, occurs in court. In such a situation, the spouse initiating the divorce process is the plaintiff. He alone appeals to the court. The set of documents for ending a marriage through the court without the consent of the other party includes:

  • statement of claim;
  • a copy of the plaintiff’s passport and taxpayer code (if there is a defendant);
  • a receipt for payment of the court fee;
  • marriage certificate (you can add a copy of it);
  • a copy of the statement of claim to be sent to the defendant.
In addition to them, you may need birth certificates of children, certificates from your place of work confirming income. The subsequent divorce process may take a long time. In accordance with Family Law, the court has the right to postpone the hearing due to the absence of the defendant. Often in judicial practice, the hearing is postponed twice, then a decision is made to dissolve the marriage, regardless of the appearance of the other party.

To speed up the adoption of a court decision, the plaintiff may present evidence demonstrating the impossibility of extending family life. As evidence, spouses can present medical reports about aggression, certificates confirming the defendant’s immoral lifestyle, references from the place of work, police certificates, etc. In this case, the judge can make a decision at the first hearing even without the presence of the second spouse. If these conditions are met, the court may make a decision on divorce at the first meeting, which is scheduled one month after the statement of claim is accepted for consideration.

Services of a family lawyer

A family lawyer will provide you with legal advice and help you draw up all the necessary divorce documents.

We are responsible for the quality of legal services and guarantee a positive result.

With the help of a family lawyer or lawyer, your matter of drawing up divorce documents will be resolved more professionally and quickly.

By contacting us, you are guaranteed to receive professional legal assistance in drafting divorce documents.

Alexey Scriabin
Alexey Scriabin
Family lawyer
Our many years of experience in the legal field are a guarantee of your success - this is what you need now to solve your problem.

You deserve our professional legal help!

Take the first step towards your victory in the legal case of drawing up divorce documents, call or write to a lawyer and you will receive answers to all your questions.
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