Divorce through the Civil Registry Office / Civil Registry Office in Ukraine
- What is the order of divorce through the registry office / registry office in Ukraine
- What documents are needed for a divorce through the Civil Registry Office / Civil Registry Office in Ukraine
- Divorce through the Civil Registry Office / Civil Registry Office without the presence of one of the spouses in Ukraine
- How much does it cost to dissolve a marriage at a registry office in Ukraine?
- Divorce online in the registry office / registry office in Ukraine
What is the order of divorce through the registry office / registry office in Ukraine
Divorce through the registry office, according to the current legislation in the field of family law, is possible in the following bodies:
- In the registry office
- In the courts.
The easiest, fastest and not requiring significant material costs way to obtain a divorce in Ukraine without resorting to resolving the issue through the court is its registration through the Civil Registry Office / Civil Registry Office.
In modern realities, divorce through the registry office is possible in such cases:
- the husband and wife have a common desire for divorce (mutual divorce);
- a couple who get divorced without children;
It should be noted that children under the age of 18 must be shared by the couple. To file for divorce at the Civil Registry Office / Civil Registry Office, a married couple must submit a common application for them to the registry office at the place of residence of one of the couple.
The registry office cannot refuse to accept a mutual application for divorce due to the fact that the application was sent to the place of residence of the second spouse.
The mutual application for divorce in the Civil Registry Office / Civil Registry Office is filled out according to the established model and consists of two parts, which are filled in by each of the couple, respectively. The husband and wife must fill their share.
After submitting all the necessary documents, the registry office announces the day on which the marriage will be dissolved in accordance with the established deadlines at the legislative level.
After a month has passed, the spouses need to come to the registry office / civil registry office to register a divorce, as well as receive a divorce certificate.
It is important to note that if there are disagreements between a husband and wife regarding property, this does not affect the ability to file a divorce at the registry office / civil registry office. If a couple has a dispute over property, the spouses can independently apply to the courts, having with them the relevant statement regarding the division of property. You can dissolve the marriage through the registry office in this case.
What documents are needed for a divorce through the Civil Registry Office / Civil Registry Office in Ukraine
What list of documents should spouses prepare for divorce? The approved list of documents includes:
- passports of a married couple;
- original marriage certificate;
- a receipt confirming that the state fee has been paid;
- jointly completed application by mutual agreement.
All documents are submitted in original, copies are not required. The signatures put by the husband and wife on the application indicate mutual consent to divorce. Spouses are required to be present at the time of application together.
Divorce through the Civil Registry Office / Civil Registry Office without the presence of one of the spouses in Ukraine
In practice, difficulties often arise due to the fact that someone from the family cannot be at the registry office / civil registry office during the filing for divorce. For such cases, the law provides for the right of one of the couples to fill out their part of the joint application for divorce, notarize it, and then transfer it to the second spouse.
At the moment when the husband / wife will independently transfer the documents for divorce to the Civil Registry Office / Civil Registry Office, along with a personally filled out application, it is necessary to provide a notarized statement and a power of attorney for filing an application by the second of the married couple, who could not independently attend the Civil Registry Office / Civil Registry Office. That is, the application will be submitted without the presence of the second of the married couple.
If the second spouse is not at the registration of a divorce, the application must indicate that the second of the couple agrees to divorce without his presence. You should also decide with the Civil Registry Office / Civil Registry Office where the divorce certificate will be sent after its state registration is made.
In addition, modern legislation provides for cases when a divorce is possible in the registry office at the request of only one of the couple in the event that the second of the couple:
- missing;
- incapacitated.
These issues are resolved only by the court in a separate proceeding.
To obtain a unilateral divorce, you need to have an appropriate court decision regarding the recognition of the second spouse as missing or incapacitated. In this case, at the time of filing such an application, the court decision must enter into its legal force.
How much does it cost to dissolve a marriage at a registry office in Ukraine?
How much will it cost to dissolve the marriage at the registry office? The cost corresponds to the size of the state duty. Today the state duty is 8 UAH 50 kopecks.
If you need to file a divorce without the presence of one of the married couple, then additional costs will be for notarization of the application and issuing a power of attorney.
Divorce online in the registry office / registry office in Ukraine
It is possible to use the online divorce service after registering on the web portal of the Ministry of Justice of Ukraine “Application in the field of state registration of acts of civil status” and submit a general application for divorce. After registration, all online services will be available with instructions for users.
After filling in all the personal data, the spouses will be faced with the need to sign such an application with an electronic digital signature. If someone from the pair does not have an electronic signature, you need to contact the registry office / civil registry office within 3 working days and sign it yourself. A mutual application for divorce is accepted from the date of the signing by the husband and wife.
For such a divorce, the originals of the passports of each of the couple are required, as well as their marriage certificate.
Thus, the procedure for online divorce is as follows:
- registration on the web portal of the Ministry of Justice;
- filling out and submitting an application;
- affixing an electronic signature (or in the registry office);
In general, the idea of an electronic format for filing an application for divorce by mutual agreement is quite convenient for citizens who cannot come to the registry office / civil registry office in person. However, in practice, it is not popular due to the fact that spouses do not always have the opportunity to use a digital electronic signature. In addition, the web portal has a lot of flaws that complicate the procedure for applying to the state authority, and sometimes delay the consideration of an application for divorce by mutual consent.
Summing up, it should be added that if you have difficulties when registering a divorce process in the registry office / civil registry office, you can contact a lawyer with many years of experience in divorce, Alexei Nikolayevich Skriabin, who will provide you with legal advice on issues of interest to you, as well as will help to quickly dissolve the marriage through the Civil Registry Office / Civil Registry Office.
Useful site materials divorce.com.ua:
