Procedure for ending a marriage

Procedure for ending a marriage

Based on the theory of family law, the concept of termination of marriage can be formulated as the termination of property, as well as personal non-property relations that arose between spouses during their marriage, which is due to the occurrence of specific legal facts.

A marriage can end for various reasons: as a result of the death of one of the spouses or as a result of divorce proceedings. For each of the options, the legislation of Ukraine establishes a definition of the official date of termination of the marriage.

If we talk about the divorce procedure, then there are two ways to file a divorce – in the registry office or in court – depending on the specific situation. Like any legally significant action, the termination of a marriage will have its own legal consequences.

In addition to resolving issues of property, maintaining and raising children, ex-spouses may be concerned, for example, with the issue of changing their surname. However, despite the volume of bureaucratic procedures, all these issues can be resolved.

Family lawyer
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Candidate of Legal Sciences
Welcome to the website rozirvannya-shlyubu.com.ua! In the article “Procedure for ending a marriage,” I will talk about the grounds for ending a marriage (divorce), methods of ending a marriage, the moment of ending a marriage (divorce), filing a divorce by spouses, and a stamp in the passport about the divorce. Read the article to the end and contact our law firm for legal assistance in family matters.

Methods of divorce

Methods for ending a marriage after divorce depend on the specific situation of each individual couple. Thus, family law provides for the possibility of divorce in a judicial or administrative manner (through the civil registry office).

Each spouse has the right to initiate divorce proceedings, with the exception of cases of divorce without the consent of the spouse during her pregnancy and within a year after the birth of the child.

The choice of method of ending a marriage depends entirely on the following conditions:

Divorce through the civil registry office (administratively) is possible in cases where spouses separate with common consent and do not have common minor children. If other conditions exist, a marriage can be terminated through the registry office only in situations where one of the spouses is recognized by the court as missing or incompetent.

According to the Family Code of Ukraine, if there are minor children or there is no consent from one of the spouses, the marriage is dissolved in court. In addition, divorce through the court is carried out in cases where one of the spouses, even in the absence of objections, directly evades the dissolution of the marriage in the registry office.

Regardless of the method used by the spouses to terminate the marriage, according to the Family Code of Ukraine, the marriage is dissolved no earlier than a month from the moment the spouses or one of them submits a corresponding application to the above authorities.

The moment of termination of marriage (divorce)

The official arrival of the moment when a marriage can be considered terminated depends primarily on the method of dissolution of marital relations used, as well as on possible other features of the situation.

Until the moment of termination of marriage, marital rights and obligations continue to apply regardless of the period of absence of actual relations. That is why, by the time of obtaining the appropriate status, there is no right to enter into a new marriage.

In the event of the death of one of the spouses or his declaration as deceased, the moment of termination of the marriage is determined by the date of death indicated in the certificate or the date of entry into force of the relevant court decision. If the spouse declared dead by the court appears (and the court decision is overturned), the marriage can be restored with the mutual consent of the spouses, provided that the second did not have time to enter into a new marriage.

According to the Family Code of Ukraine, in the event of a divorce through the civil registry office, the marriage should be considered terminated from the date of state registration of the divorce in the relevant civil registry book. In this case, on the basis of the Civil Registration Rules, each of the spouses who divorced is issued a corresponding certificate, which also indicates the date of termination of the marriage. registration number, etc.

A marriage dissolved through a court is considered terminated from the moment the court decision, which determines such dissolution, enters into force. However, termination of marriage through the court is also subject to mandatory registration with the registry office. For this purpose, the court sends the court decision on divorce to the civil registry office at the place of registration of the marriage to put the appropriate mark.

Grounds for ending a marriage (divorce)

More often, a marriage ends through divorce by mutual consent of the spouses or at the request of only one of them. However, the legislation also provides for other circumstances that may become grounds for severing a marriage relationship, regardless of the will of the parties.

All these circumstances are defined in the Family Code of Ukraine, they include:

  1. Death of one of the spouses or recognition of him as deceased. Such circumstances are natural and follow from marriage, as from a lifelong union. Therefore, if one of them occurs, the termination of marriage does not require a special procedure. A marriage is considered terminated either from the moment of death of the man indicated on the death certificate, or from the moment the corresponding court decision enters into legal force.
  2. Application of the spouses or one of them for divorce. The principle of the voluntariness of marriage also provides for the freedom to dissolve it, in connection with which each spouse (with rare exceptions) can initiate divorce proceedings, simply based on their personal motives. Depending on a number of circumstances, divorce can be accomplished in different ways.
  3. An application for divorce filed by the guardian of a spouse declared incompetent. The right to submit such an application is based on the need to protect the rights of the legally incompetent person recognized in accordance with the Civil Code of Ukraine. It should be noted that the incapacity of one of the spouses may be a reason for divorce by the second spouse.
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The most important consequence is the termination of property and personal non-property relations that took place between the spouse during the marriage. However, some of them can be preserved after divorce.

This applies to such rights and obligations as: mutual maintenance of spouses, preservation of the marital surname, as well as those that arose in connection with the conclusion of a marriage contract regarding property.

Let’s consider these and other legal consequences in more detail:

According to the Family Code of Ukraine, an ex-wife has the right to receive alimony during pregnancy and caring for a common child until he reaches three years of age.

Example

Citizen K. decided to initiate the process of divorce from his wife Zh. They had a two-year-old child together, so the divorce procedure took place in court. Since the divorce was carried out by mutual application and consent of K. and Zh., the court dissolved the marriage without clarifying the motives. Along with the demand for divorce, Zh. demanded to recover from K. alimony for the maintenance of the child, as well as alimony for her own maintenance until the child reaches the age of three. Guided by the current legislation, the court satisfied this requirement, despite K.’s objections.

From the moment the marriage ends, the established property regime of the spouses regarding newly acquired property ceases to apply. For things acquired earlier, it ceases after their division in accordance with, since the severance of relations in itself does not imply this.

After the termination of the marital relationship, the presumption of consent of the second spouse to the disposal of their common property ceases to apply, which is determined, which is why the express consent of the former spouse is required.

Upon termination of a marriage, the right to inherit one after another is lost, as heirs of the first priority according to the Civil Code of Ukraine, the possible right to pension provision is lost in connection with the loss of a man, etc.

The termination of a marriage does not affect the scope and possibility of exercising parental rights. A parent living separately from the child not only has the right, but also the obligation to take direct part in the upbringing of the child. To resolve controversial issues, divorced parents of a child can enter into an agreement in accordance with the Family Code of Ukraine.

Registration of divorce by spouses

The procedure for registering divorces begins with the submission of an application for divorce to the civil registry office by both spouses or one of them in accordance with the Civil Registration Rules, and in cases requiring litigation, by filing a corresponding statement of claim.

The following documents are provided along with the application:

  • passport;
  • marriage certificate;
  • receipt of payment of state duty;
  • documents that are the basis for unilateral divorce through the registry office (corresponding court decision).

For a divorce through the court, you will also need birth certificates of children, an agreement on children or documents confirming the positions of the spouses on this issue, as well as other documents if there are additional property or non-property disputes.

Divorce stamp in passport

In case of divorce by court decision, the court decision is a document confirming the termination of the marriage. Divorce marks are not placed in passports, and divorce certificates are no longer issued.

Changing your last name after divorce

In the event of a divorce, each spouse has the right to maintain a common surname or restore their premarital surname. You can change your surname to a premarital name both as part of the divorce process, indicating such a requirement in the filed statement of claim for divorce, and after it has been completed – in the general manner.

A state fee is charged for changing your surname. The payment receipt is submitted to the registry office along with other documents and an application.

When changing your surname to a premarital name, you must also replace your personal documents, since the new surname will not correspond to the surname indicated in them. Yes, the main document that must be replaced in this case is the passport of a citizen of Ukraine. The following must be replaced along with it:

  • international passport;
  • driver’s license;
  • pensioner’s ID;
  • an identification number.

If there is a registry office certificate of change of surname, they do not require replacement of a diploma of education, certificate of completion of courses and training, work book, registration certificate of an entrepreneur, title documents for property and others.

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