Court decision on divorce, which entered into legal force
The final part of the divorce process is obtaining a divorce order from the court. In accordance with the norms of the Family Code of Ukraine (SK of Ukraine), the court makes a decision on divorce if it is established that the further life of the spouses and the preservation of the marriage is contrary to the interests of at least one of the spouses or the interests of their children.
A court decision, like any official document, has its own structure and consists of the following parts: introductory, descriptive, motivational and operative.
The court decision on divorce shall indicate:
- date and place of marriage registration;
- time and reasons for its actual termination;
- the reasons why the court recognized the preservation of the family as possible or impossible;
- reasoned conclusions about other stated requirements.
According to Art. 114 IC of Ukraine, in case of divorce in court, the marriage is considered dissolved from the moment the court decision on divorce comes into force.
A copy of the court’s decision on divorce can always be obtained from the archive.
Divorce procedure and a complaint against a court decision
The court decision comes into force after the expiry of the time limit for filing an appeal, if the appeal has not been filed. In accordance with Art. 354 Code of Civil Procedure of Ukraine, an appeal against a court decision can be filed within thirty days from the date of its announcement.
Persons who took part in the divorce case, but did not attend the court session during the announcement of the court decision, can also file a complaint after receiving a copy of the court decision on divorce.
If an appeal is filed and the court decision is not canceled, it comes into legal force after the consideration of the case by the court of appeal (Article 273 of the Code of Civil Procedure of Ukraine).
If the decision is appealed on appeal, then, accordingly, the entry into force will depend on the results of the consideration of the case in the appeal, after which it will be possible to obtain a decision.
Court decision in absentia on divorce
Civil law provides for the possibility of considering a divorce case in absentia. Accordingly, the decision made by the court will be in absentia.
The court may order a divorce in absentia under the following conditions:
- the court established that the defendant was notified of the place and time of consideration of the civil case on the dissolution of his marriage. It is considered that the party has been duly notified if there is information about the person receiving a summons;
- the defendant did not submit an application for the consideration of the case without his presence;
- the reasons for failure to appear at the hearing were recognized by the court as disrespectful.
The entry into force of the absentee decision is somewhat different from the usual one, since in this case the defendant is given the right to file an application for revision of the absentee decision within thirty days from the date of receipt of a copy of the decision.
In addition, the decision in absentia may be appealed in general order, but, at the same time, the period for the appeal decision begins to count from the date of the decision on leaving the application for revision of the decision in absentia without satisfaction.
Divorce and application for a copy of the court decision
The court’s decision to dissolve the marriage after it enters into legal force is sent by the court to the registry office at the place of the decision to enter information into the State Register of Civil Status Acts and put a mark in the marriage record (part 2 of article 115 of the IC of Ukraine).
In order to obtain a court decision on divorce, you need to contact the office of the respective court, where you will receive a copy of such a decision, sealed.
Since the document that confirms the fact of divorce is a court decision that has entered into legal force, there is no need to apply to the registry office in order to obtain a certificate of divorce. In this case, in the registry office you can only get an extract from the State Register of Civil Status Acts of Citizens about marriage, in which there will be a mark that the marriage has been dissolved.
Certificate at the registry office on the basis of a court decision on divorce
According to the current family law, a court decision on divorce that has entered into legal force is the main document confirming the divorce procedure in court.
However, this was not always the case, and until 2010, in order to confirm the passage of the divorce procedure in court, it was necessary to contact the registry office at the place of registration and obtain a divorce certificate based on a court decision.
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