Family Code on Divorce

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Welcome to the website rozirvannya-shlyubu.com.ua! In the article “Family Code on Divorce” I will talk about the grounds for ending a marriage under the Family Code, the grounds for state registration of divorce: Family Code, the procedure for dissolving a marriage under the Family Code, renewing a marriage under the Family Code. Read the article to the end and contact our law firm for legal assistance in family matters.

Family Code on Divorce

The Family Code is the most important legal act regulating the divorce process.

  • They establish the circumstances that allow a divorce to be carried out in the registry office and in court.
  • Mechanisms for protecting the property rights of former spouses are regulated – the procedure and grounds for assigning alimony, the procedure for dividing joint property of spouses, etc.

In addition, cases and conditions are determined when the restoration of an already dissolved marriage is allowed, and many other legal aspects of the divorce process in Ukraine are also regulated.

Grounds for termination of marriage under the Family Code

According to the provisions of Article 104 of the Family Code of Ukraine, the legislator establishes an exhaustive list of legal facts, the occurrence of which may serve as grounds for termination of previously registered marital relations. Any other facts of the circumstances exclude the possibility of their termination. At the same time, the person initiating the divorce process is not given the right to choose the procedure for terminating the marriage – in court or through the registry office; the legislator determines this procedure himself.

The actual termination of a marital relationship without observing the legal procedure established by law cannot entail the legal termination of the marriage, regardless of the period of time during which such marital relations are absent.

The following grounds for termination of marriage should be highlighted:

  • Death of one of the spouses. This legal fact is confirmed by a death certificate issued by the registry office.
  • Registration of the termination of marriage with any special document is not required; it ends automatically upon the occurrence of death.
  • Declaration of one of the spouses as deceased. This fact can be confirmed by a court decision that has entered into legal force or death certificates issued on its basis. No additional registration of termination of marriage is required.
  • According to Article 46 of the Civil Code of Ukraine, declaring a citizen dead is possible if his place of residence does not know about his presence for 3 years, and also if he went missing under circumstances that threaten his life – for six months.
  • As for the disappearance of a person in connection with the commission of hostilities, declaring him dead is possible after two years from the date of their end. In all cases, the day of death of a citizen is recognized as the day the court decision enters into legal force, and if it establishes the day of the expected death, such a day.
  • Dissolution of marriage (divorce). This fact is confirmed by a certificate of divorce or a court decision issued by the civil registry office that has entered into legal force.
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Grounds for state registration of divorce: Family Code

The grounds for state registration of divorce according to the current legislation of Ukraine:

  • joint application of spouses who do not have minor children;
  • an application from one of the spouses filed on the basis of a valid court decision declaring the second spouse deceased, incapacitated or missing;
  • court decision on divorce.

A marriage is considered dissolved from the moment the divorce is registered or from the moment the relevant court decision comes into force.

Among the circle of persons who can initiate divorce, one should distinguish: one of the spouses, the spouses in the case of their joint consent, as well as the guardian of the spouse appointed by the relevant court decision. It should be remembered that a claim for divorce cannot be brought during the wife’s pregnancy and within one year after the birth of the child, except in cases where one of the spouses has committed illegal behavior containing signs of a criminal offense against the second spouse or child

The procedure for divorce according to the Family Code

The provisions of the Family Code of Ukraine provide for a list of bodies whose competence includes divorce. The administrative procedure is considered as the main method of conducting the divorce process, that is, through the state civil registration authorities. In the event of the most complex, conflicting and responsible situations, the divorce procedure is carried out in court.

Regardless of the procedure for dissolution of marriage and the body carrying out this procedure, the dissolution of marriage itself is permissible no earlier than after the expiration of a month from the date of filing the relevant application with the specified authorities.

Thus, according to the Family Code of Ukraine, the administrative procedure for registering divorce provides for its implementation in the civil registry office in the following cases:

  • The presence of mutual consent of the spouses;
  • Recognition of one of the spouses as missing (dead);
  • Recognition of one of the spouses as incompetent.

If there is mutual consent to divorce, the spouses submit a general application to the registry office, and if simultaneous submission is not possible, divisible applications, without indicating the reasons for the divorce. In all other cases, dissolution is carried out on the basis of an application from the spouse, at the same time he will have to provide a court decision confirming his ability to unilaterally dissolve the marriage.

In accordance with Decree of the Cabinet of Ministers of Ukraine dated January 21, 1993 No. 7-93 “On State Duty,” a state fee is charged for state registration of divorce. Its size, with general agreement, is 0.5 of the tax-free minimum income of citizens, which is 8 UAH.50 kopecks, in the case of one of the spouses – 0.03 of the tax-free minimum income of citizens, which is 0.51 kopecks.

The provisions of the Family Code of Ukraine determine the list of grounds for divorce in court:

  • Presence of common minor children;
  • Lack of consent from one of the spouses to divorce;
  • Evasion of one of the spouses from conducting divorce proceedings in the registry office.

The basis for considering such cases in court is a statement of claim by one of the spouses. In this application, in addition to the request for divorce, demands may also be made for the division of common property and for the assignment of alimony.

Before filing such a claim, the plaintiff must pay a court fee, the amount of which for 2021 is 908 UAH. 00 kop.

Alimony and division of property during divorce under the Family Code

In most cases, the divorce process is accompanied by the resolution of a number of property issues, in particular the observance of the property rights and interests of each spouse. Most often, these questions relate to the possibility of collecting alimony and division of property of former spouses.

According to Article 76 of the Family Code of Ukraine, each of the former spouses, in the presence of one of the grounds specified in the article, is given the right to receive alimony from their former spouse who has the necessary means for this. The issue of assigning alimony to an ex-man is subject to judicial review.

The legislator grants the right to assign alimony to the following categories of needy former spouses:

  1. To the ex-wife for three years from the birth of their common child;
  2. The former spouse who became unable to work before the divorce or within a year from the date of divorce;
  3. For a former man who has reached the general retirement age within five years after the divorce, if he has been married for a long time (at least 10 years).

Alimony to be paid by the ex-husband is determined by the court based on the financial situation of each of the parties to the process, is assigned in a fixed sum of money or as a share of the earnings (income) of the alimony payer and is subject to monthly payment. However, ex-wives are also given the opportunity to independently determine the amount and frequency of alimony maintenance by concluding an agreement on the payment of alimony.

Regarding the division of property, according to family law, it is permissible both voluntarily and in court. The voluntary procedure provides for the conclusion of an agreement on the division of property by the former spouses, which can also be certified by a notary. The judicial procedure is applied within three years from the date of divorce.

As part of this process, the court determines the property to be transferred to each spouse. If the transferred property exceeds the size of the share subject to it, then the spouse who received it is obliged to compensate for such a discrepancy. The property of minor children is transferred to the man with whom such child lives without compensation.

Example

Citizen P filed an application for divorce with citizen V. Since these citizens have a one-year-old child together, the divorce process is carried out in court. The divorce was carried out by joint consent of the spouses, so the court did not have any additional questions in this regard.

Along with the main requirement, P asked the court to grant him alimony for the maintenance of the minor child and for him while he is on maternity leave. However, P refused to support his ex-wife. Despite this, guided by family law, the court decided to dissolve the marriage, as well as to collect from B in favor of Polyments, for the maintenance of the child, in the amount of ¼ of the income, and for the maintenance of P himself, in the amount of 5 thousand UAH, up to the child reaches three years of age.

Renewal of marriage under the Family Code

Family law provides for the restoration of a previously dissolved marriage only in one case – when a person recognized by the court as dead or missing appeared and declared himself or his new place of residence was discovered. The appearance of the said person or his identification entails the cancellation of the court decision declaring him dead or missing.

A new court decision that cancels a court decision declaring a person dead or missing is the reason for deleting the death record.

Resumption of marriage is allowed only when there is a mutual desire of the spouses and a joint statement. There are a number of conditions under which, in the event of the appearance of the missing person, the marriage can be resumed:

  • Consent of both spouses;
  • Availability of a court decision abolishing the status of a missing person;
  • Absence of a new marriage of the second spouse.

The procedure for renewing a marriage does not require any additional formalities other than filing a joint application.

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Divorce proceedings: Family Code

The divorce process always requires respect for the rights and interests of each spouse, regardless of the grounds for its implementation. The provisions of the Family Code regarding this procedure fully allow this. Moreover, in relation to the spouses most vulnerable to divorce, the legislator establishes additional guarantees of their property and non-property rights, while taking into account the capabilities of less vulnerable spouses.

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