Divorce through court in Ukraine

Divorce through court in Ukraine

What is the order of divorce through the court in Ukraine

The current legislation specifies the conditions for divorce through the courts in such cases:

1. none of the married couple is against divorce, while they have joint children who have not reached the age of majority;
2. one of the couple is against divorce (it does not matter if they have children).

If someone from a married couple wants to divorce, then they can prepare and submit a joint application for divorce at the Civil Registry Office / Civil Registry Office. It should be borne in mind that initially the legislation takes into account the interests of children. A family with children can only file for divorce in court.

Another most popular case of divorce in court is the unilateral order of divorce. It involves the filing of an application (claim) in court by one of the couple.

What is the procedure for registering a divorce in court in Ukraine?

This is a certain algorithm of actions, namely:

• payment of court fees;
• preparation and direction of the statement of claim to the court;
• obtaining a ruling on the opening of proceedings in a divorce case;
• attending a court session and supporting claims;
• obtaining a court decision that has entered into legal force;
• affixing a mark of divorce in the Civil Registry Office / Civil Registry Office.

Divorce through a court with or without children requires knowledge of family law. A qualified and experienced lawyer will help you prepare documents for registration of a marriage, apply to court and file a divorce on favorable terms for you.

What documents are drawn up for divorce in court with children in Ukraine?

Spouses who have a joint minor child (or several children) apply for divorce in court. The body where the application is sent is a court of general jurisdiction at the registered place of residence of one of the spouses.

In addition to the application, the spouses must prepare and submit a written agreement regarding the place where the child will live, and how each parent will take part in ensuring his living conditions, how parental rights and responsibilities will be distributed.

In addition, the spouses can draw up a child support agreement, which sets out the conditions and amount of the child support payment. This action in the future, namely after the dissolution of the marriage in court, will save the parent, with whom the child will live, from unnecessary difficulties and costs. In case of non-fulfillment of such an agreement, alimony may be levied on the basis of a notary’s executive note. Such an agreement must be notarized.

Divorce statement in Ukraine

A statement of claim for divorce is filed by one of the married couple in case of objection by the other – that is, a divorce is filed unilaterally. The application must be submitted to the court of general jurisdiction at the place of residence of the defendant. However, Art. 28 of the Civil Procedure Code of Ukraine (Code of Civil Procedure of Ukraine) provides for the possibility of filing a claim for divorce in court at the place of residence of the plaintiff if he has young or minor children. Another reason may be the inability to get to the defendant’s place of residence due to health conditions, or due to another good reason.
You can see a sample application on the website or in the court.

The statement of claim for divorce is sent to the appropriate court by mail or directly to the judicial office. In addition to a claim for divorce, you must provide the following documents:

• photocopies of passports;
• photocopies of marriage certificate;
• photocopies of the child’s birth certificate;
• a receipt for payment of the state duty.

The state duty (court fee) for considering a statement of claim for divorce in court is 0.4 of the subsistence level for able-bodied persons. That is why this value is not constant and changes with the change in the cost of living every year.

When is it prohibited to file a claim for divorce in Ukraine?

The legislation of Ukraine enshrines the norms that prohibit filing a statement of claim for divorce in court in two cases:

1. during the pregnancy of the wife;
2. during the first year of a child’s life.

But it is important to note that there are exceptions to these rules. A claim for divorce in the aforementioned cases may be brought to court in the following circumstances:

1. the commission of an unlawful act by one of the couple in relation to the other of the couple or a child, if this act contains signs of a criminal offense;
2. the other person acknowledged the paternity of the child in the family that is getting divorced;
3. statements about the father of the child, who is the spouse of the couple that is arranging the divorce, are excluded from the child’s birth certificate.

Fast divorce procedure, terms of divorce through court in Ukraine?

The duration of the divorce proceedings should be no more than two months from the date of the opening of the court proceedings (Article 210 of the Civil Procedure Code of Ukraine).

However, the current Ukrainian legislation provides for the possibility of providing a time limit for the spouses to reconcile, if this does not negatively affect the interests of the couple and their common child.

At the end of the divorce proceedings, a court decision is made to dissolve the marriage. Such a decision is made if:

• the personal rights of each of the couple are not violated;
• the property rights of each of the couple are not violated;
• the rights of children are not violated.

Divorce in court by mutual consent is a fairly quick procedure. The court decides on the divorce after the end of the month after the filing of the application for divorce.

The marriage is dissolved from the moment the divorce judgment comes into force.

Legal assistance of a lawyer in a divorce through a court in Ukraine

In order to correctly and competently draw up an application for divorce in court, an agreement on the upbringing and maintenance of a child, as well as an agreement on the amount of alimony, we recommend that you contact a lawyer Alexey Nikolayevich Skriabin, who, thanks to his numerous and successful experience in the field of divorce in court, will help you promptly file a divorce by mutual consent and prescribe all the necessary provisions regarding the observance of the child’s interests.

Please note that even if you managed to come to an agreement on a divorce and you and your spouse do not have joint children, this does not guarantee that the divorce will be quick and easy.

Based on practice, even with a preliminary agreement between the spouses and the solution of all related issues, already in the process of the divorce process itself, conflict situations may appear that prevent the dissolution of the marriage. In such cases, the best solution would be timely consultation with a good lawyer or an experienced family divorce lawyer who will help you achieve your goal as quickly as possible.

ANSWERS TO FREQUENTLY ASKED QUESTIONS

• IN WHAT CASES IS IT POSSIBLE TO DESTROY A MARRIAGE WITHOUT COURT?

It is possible to dissolve a marriage in the Civil Registry Office only in the absence of children and the consent of both spouses. Otherwise, the marriage is terminated by the court. Our Law Office will accompany the divorce proceedings in court independently and as soon as possible.

• WHAT DOCUMENTS ARE NEEDED TO INITIATE A FAMILY DISPUTE LEGAL PROCEDURE?

To prepare and submit documents to the court, only a copy of the Client’s passport is sufficient. The rest of the documents, if necessary, are obtained (restored) by our lawyers.

• DO I NEED PERSONAL PRESENCE OF THE CLIENT IN THE COURT?

No. We value the time of our Clients and accompany turnkey litigations without their participation. As a result, you get a court decision that resolves your issue.

• IS IT POSSIBLE TO DESTROY A MARRIAGE WITH A FOREIGNER OR IF ONE OF THE SPOUSES LIVES ABROAD?

Yes. We will accompany the dissolution of your marriage with a foreigner as soon as possible. Also, in the absence of one of the parties to the marriage, our lawyers will accompany the divorce proceedings without the participation of the Client and / or his spouse.

Useful site materials divorce.com.ua:

1. Divorce lawyer in Ukraine
2. International lawyer in Ukraine
3. Divorce without children in Ukraine
4. Divorce from children in Ukraine
5. Divorce without consent in Ukraine
6. Quick divorce in Ukraine
7. Divorce and alimony in Ukraine
8. Apostille on a court decision on divorce in Ukraine
9. Family lawyer in Ukraine
10. Divorce through court in Ukraine