Registration of the gateway | The procedure for registering separation from the registry office

Contents

State registration of divorce
State registration of divorce through the registry office
Registration of divorce by mutual consent
How to register a divorce unilaterally through the registry office
Registration of divorce based on a court decision
The procedure for registering a divorce on the website online
How much does divorce cost?
Services of a family lawyer

State registration of divorce

State registration of divorce is a legal act confirming the conscious termination of a previously concluded and valid family union between spouses. The authorized civil registry office authorities may perform such an action, while creating a corresponding entry in the civil registration book.

The divorce procedure itself can be implemented in different ways, but its result will be a special document – a certificate of divorce or a court decision.

Thus, the parties can dissolve a marriage both administratively (at the registry office) and in court. Divorce through the registry office is, as a rule, possible with the joint consent of the spouses, but in exceptional cases it can be carried out at the request of only one of them. To dissolve a marriage, it is necessary to submit applications and documents to the selected civil registry office or to the court.

State registration of divorce through the registry office

The fastest and easiest way to get a divorce is the divorce procedure through the registry office; the husband and wife will have to visit this government agency only twice: on the day of filing the application and on the day of receiving the divorce certificate.

The civil registry office is elected either at the place of registration of the marriage, or at the place of residence of the spouses (or one of them) at the time of the divorce.

However, in order to get a divorce in the registry office, a number of certain conditions must be met for a married couple:

the absence of common children who have not reached the age of majority (if the common children are already 18 years old, the man and woman have the right to divorce in the registry office);
mutual desire to break the union (if one of the spouses is against divorce and does not appear at the registry office to jointly submit an application, then the family union will have to be broken through the court).

However, the law still provides for the possibility of unilateral divorce. In accordance with the Family Code of Ukraine, a marriage can be dissolved at the request of one of the spouses, if the second spouse:

By a court decision he was declared missing or incompetent.

If there are no obstacles to divorce through the registry office, the procedure for the spouses should be as follows:

Joint visit to the Civil Registry Office.

It is important to take into account that the authorized body, as a rule, accepts applications only on weekdays. In anticipation of the visit, it would be a good idea to call and clarify the work schedule.

Providing a list of required documents:

a jointly written application for divorce in the form;
original passports of husband and wife;
original marriage certificate;
receipt for payment of state duty.

The actual termination of the marriage and the issuance of a certificate of its dissolution occurs one month from the moment the married couple applies for divorce, respectively. If during this time the spouse and husband have reconciled, they have the right not to follow the divorce certificate, that is, not to dissolve the marriage.

In this case, the marriage will not be considered dissolved, and the previously submitted application will be canceled. However, it is possible to return the paid state duty only on the basis of a corresponding application and the original check (receipt).

How to register a divorce unilaterally through the registry office

In case of a unilateral divorce, only the man who wants to file a divorce visits the registry office and presents the following documents:

application for divorce in form;
passport;
Marriage certificate;
receipt of payment of state duty;
court decision regarding the status of the other half:
about incapacity;
about being missing.

Unilateral divorce is also carried out within one month from the date of filing the application in accordance with the Civil Registration Rules.

If a man declared missing suddenly appears, the marriage can be resumed upon the joint application of the wife and husband. But this will be carried out provided that the court decision on the status of the “missing” spouse is canceled and the second spouse did not have time to enter into a new marriage.

Registration of divorce based on a court decision

The divorce process is carried out with the obligatory appointment of court hearings, to which the spouses are summoned to hear the arguments of both parties. Some lawsuits, burdened by disputes about children or division of property, drag on for long periods.

The result of the court hearing on the claim for divorce is a court decision, which sets the date of termination of the marriage.

After the court decision enters into legal force, the former spouses must contact the registry office to enter the relevant information into the vital record; this court decision will already be the final document confirming the dissolution of the marriage.
After the court decision enters into legal force, the former spouses must contact the registry office to enter the relevant information into the vital record; this court decision will already be the final document confirming the dissolution of the marriage.

That is, the family union is considered terminated by a court decision.

The procedure for registering a divorce on the website online

In what cases can you file for divorce online?

You can file for divorce online by mutual consent if the following conditions are met:

the spouses agree to separate and are ready to submit a joint application;
the married couple who decided to divorce does not have minors;

It should be noted that the presence of property disputes is not an obstacle to divorce through the registry office if the couple does not have minor children and each spouse agrees to the divorce.

We remind you that since July 27, 2010, a divorce certificate (based on a court decision) is not issued.

To use the divorce service through the web portal “Appeal in the field of state registration of acts of civil status,” you must be registered on it, go to the website and log in to your personal account. Your account on the web portal must be verified.

If an application for divorce is submitted by mutual consent, then in essence the spouses go through the full divorce cycle: from filing an application to receiving a certificate from the registry office, the period for providing the service is approximately 30 days. However, to obtain a divorce certificate, you will have to personally contact the civil registry office.

To file for divorce by mutual consent through the online portal, you need to take the following steps:

In the catalog, select the section “Application for state registration of divorce”
Select the type of application “On divorce of spouses without children”;
Select the required civil registry office;
Choose a convenient day and time;
Fill in information about husband and wife;
Add (attach) documents to the application;
Appear in person at the registry office on the day and time of your choice.

How much does divorce cost?

The amount of the state fee for divorce and the issuance of the corresponding certificate does not depend on the region and city of residence of the spouses, since it is determined by the Tax Code of Ukraine in a uniform amount for the entire country.

However, if the termination of the marriage occurs in court, the initiator of the termination of the marriage will also need to pay a court fee for filing a statement of claim for divorce. Also, the final cost of a divorce is influenced by the presence of a dispute over the division of the spouses’ jointly acquired property.