How is the moment of termination of marriage determined?

Moment of termination of marriage during divorce

The termination of the marriage of spouses is carried out by dissolution of such a marriage, in other words, by divorce. Divorce should be understood as a legal act consisting of the formal termination of marital relations on the basis of… It will not be possible to divorce a marriage if the wife is pregnant or less than one year has passed since the birth of the child.

The moment of divorce is the day the corresponding entry is made in the civil registration book. If the marriage was dissolved in court, then the moment of its termination is the day the divorce decision enters into legal force. 

Skryabina Daria Sergeevna
photo_2021-03-22_17-16-36.jpg
Skryabina Daria Sergeevna
Candidate of Legal Sciences
Congratulations on the website rozirvannya-shlyubu.com.ua! In the article “The moment of termination of a marriage during a divorce,” I will talk about the moment of termination of a marriage after a divorce in the registry office, the moment of termination of a marriage after a divorce through the court, the moment of termination of a marriage in the event of the death of one of the spouses or recognition of him as deceased, the moment of termination of a marriage in the event of recognition of the spouses as unknown missing, the lawyer's answers at the time of termination of the marriage. Read the article to the end and contact our law firm for legal assistance in family matters.

The moment of termination of marriage after divorce in the registry office

Divorce in the registry office is much simpler and faster than in court, but divorce in such a government body, on the basis of the Family Code of Ukraine, is possible only in the following cases:

  • if the spouses do not have minor children (under 18 years of age);
  • if this fact is carried out by common consent (i.e. each of the spouses is not averse to ending the family relationship);
  • if a man is declared incompetent by a court (i.e., a person who cannot give an account and be aware of the content of his actions);
  • if a man is recognized by the court as missing (i.e., no information about his whereabouts was received about his wife at his place of residence for a year).

The last two points are carried out by submitting an application to the registry office, even if the spouses have minor children.

The moment of termination of marriage in this case is considered the day of state registration of divorce in the civil registration book.

The moment of termination of marriage after divorce through the court

Divorce in court is a protracted process, depending on each situation individually. Judicial divorce, on the basis of the Family Code of Ukraine, will occur in the following cases:

  • if one of the spouses does not agree to terminate the marital relationship;
  • if the spouses have minor children;
  • if the man does not refuse to divorce, but also does not take any specific actions for this (refuses to submit an application that does not appear at the registry office for state registration of divorce);
  • in addition, if one of the spouses does not agree to terminate the marital relationship, then in this case the court will give a certain time for possible reconciliation of the couple for a period of no more than six months.

If the spouses have not decided to extend their life together and also insist on dissolving the marriage, then the court decides to dissolve the marriage.

The moment of termination of the marriage will be the day when the court decision comes into force. In turn, the court decision becomes legal at the moment when the period for appealing it through the appellate procedure expires, and the person has the right to file an appeal within one month from the date the court made the decision in final form (unless other deadlines are established ).

If the spouses have minor children and have mutually decided to dissolve the marriage, the court will satisfy their demands and will not find out the motives for such actions.

At the court hearing, in addition to divorce, you can decide on other issues arising from family relationships:

  • with whom and where the minor child will live;
  • on the procedure for paying child support;
  • on the procedure for paying funds for the maintenance of a disabled man;
  • on the division of jointly acquired property;

The court is obliged to forward to the civil registry office a court decision on divorce, which has entered into legal force. In turn, the civil registry office, on the basis of such a document, makes an appropriate entry in the civil registration book and the marriage is considered finally dissolved.

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The moment of termination of marriage in the event of the death of one of the spouses or his recognition as deceased

From a legal point of view, the death of a citizen is understood as the termination of a person’s legal capacity. Legal capacity is understood as the ability to possess one’s subjective rights and bear responsibilities. According to the Civil Code of Ukraine, it begins from the moment of birth (namely, from the moment of a person’s first breath) and ends at the moment of clinical death of a person (biological death should be distinguished from clinical death).

The death of a man is one of the grounds for ending a marriage. It is from the moment of death that marriage and family affairs cease. Based on the death certificate, which is also issued by the civil registry office, a corresponding entry is made in the civil registration book.

If a person is considered dead in court, then the basis document will be a court decision that has entered into legal force. A citizen is recognized as dead only in court and in the following cases:

  • If there was no information about his whereabouts for three years at his place of residence.
  • If after six months there is no information about the person, and at the same time there were circumstances that could threaten his life and health, for example, emergencies or natural disasters;
  • If two years have passed since the end of hostilities, and nothing is known about the whereabouts of the missing citizen in connection with past hostilities.

If a person declared dead is actually alive, regardless of the timing of confirmation of this fact, he has the right to demand the cancellation of such a court decision and return his property that went to other persons. It’s the same with marriage relationships.

Example

Ivanov’s wife A.A. filed a statement of claim in court for recognition of her husband, D.S. Ivanov. deceased. She confirmed her demands by the fact that the man went missing 5 years ago and nothing is known about his whereabouts. In addition, this fact confirms the statement submitted to him at the police department about the disappearance of a person. The court recognized citizen Ivanov D.S. deceased.

Based on the court decision, the registry office made a note about the divorce in the relevant registration book. A year after the court decision entered into legal force and received a certificate of divorce, Ivanov D.S. returned home to his wife. He explained his absence by moving to another city, lack of money to return home and the inability to inform his wife about this. The court decision was overturned, and based on their joint application, the marriage relationship was resumed.

The moment of termination of marriage in case of recognition of spouses is unknown

A citizen is recognized as missing if there is no information about his whereabouts at his place of residence for one year. This period is calculated from the date of receipt of the last information about the person.

If this day cannot be determined, then it should be counted from the first day of the next month according to the date on which the information was received.

If the year is unknown, then it is calculated from the first of January of the next year.

The moment of termination of the marriage in this case will also be the day when the court decision entered into legal force.

Answers from a lawyer about the moment of termination of marriage
Good afternoon I have this situation, my wife and I lived for 20 years, we have children from a universal marriage. We decided to separate. Where should you go in this case, the registry office or the court?

Conclusion

To end a marriage means to dissolve it and no longer be related to your ex-husband. Depending on the consent of the second spouse, the presence of minor children, as well as other cases, the marriage can be terminated in the DRATS bodies, or in the judicial authorities.

In addition, the law sets restrictions for a man who wants to divorce. They include the wife’s pregnancy, as well as the first year after the birth of the child.

The moment of termination of marriage after its dissolution in the DRATS bodies will be considered the day when the employees of such body made an entry in the register of divorce. The moment of termination of marriage after its dissolution through the court is the day the court decision enters into legal force.

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Skryabin Alexey Nikolaevich
Skryabin Alexey Nikolaevich
Doctor of Law
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