Divorce and alimony
Divorce and alimony with a minor child in Ukraine
The procedure for divorce of spouses in the presence of common minor children is regulated by the Family Code.
The divorce procedure takes place in court. If the spouses have come to a mutual agreement to file a joint application for divorce in court, then the application must be accompanied by:
- an agreement on which of the parents the children will live with after the divorce, what kind of participation the mother or father living separately will take in ensuring their living conditions and upbringing;
- agreement on the payment and establishment of the amount of alimony.
Contracts are certified by a notary in accordance with the Law of Ukraine “On Notaries” No. 3425-XII dated 02.09.1993.
If a statement of claim for divorce is drawn up in court by one of the spouses, and it sets out the requirements for the payment of alimony, then within the framework of the divorce proceedings, it is established:
- the amount of child support;
- deadlines for the payment of alimony;
- payment procedure;
- provisions for the targeted use of funds.
Is it possible to file for divorce and child support at the same time in Ukraine?
In the event that one of the spouses does not fulfill his obligations to provide for the child, even being in a registered marriage, the second of the spouses has the right to go to court with a claim for the recovery of alimony.
Alimony for a child is the obligation to support one of the parents in cases specified by law. Alimony is collected by agreement between the father and mother, or compulsory – by court order.
Article 27 of the UN Convention on the Rights of the Child, as well as Art. 8 Law of Ukraine “On Child Protection” guarantees children the right to a decent (appropriate) standard of living.
The direct responsibility for creating the conditions lies equally with the parents, since according to the norms of family law, the father and mother have equal rights and obligations in relation to children.
Thus, we can conclude that divorce without alimony is possible. A claim for the recovery of alimony can be brought to court while in an official marriage or after a divorce.
How to Apply for Divorce and Alimony, Sample in Ukraine?
In the event that one of the spouses has used the right to file a statement of claim for divorce in accordance with Part 1 of Art. 110 of the Family Code, and the court decided to open proceedings in the case, the second of the spouses with whom the minor children live, has the right to file a counterclaim for the recovery of alimony.
When considering the case, namely when determining the amount of alimony, the court will take into account:
- health and financial situation of the child;
- the state of health and financial position of the alimony payer;
- the alimony payer has other children, a disabled husband, wife, or parents;
- other circumstances that are essential to the case.
What documents are needed to collect alimony after a divorce in court in Ukraine?
A claim for the recovery of alimony can be filed after a court decision on divorce is made.
A statement of claim for the recovery of child support may be filed at the place of residence of the plaintiff or defendant in accordance with Art. 109-110 of the Civil Procedure Code of Ukraine.
At the same time, a claim for the recovery of alimony for a child must be drawn up and filed in compliance with the requirements of Articles 118-120 of the Code of Civil Procedure.
When filing a statement of claim demanding the recovery of alimony, the plaintiff must submit to the court a certificate of income from the defendant’s place of work.
Useful site materials divorce.com.ua:
- Divorce lawyer in Ukraine
- International lawyer in Ukraine
- Divorce without children in Ukraine
- Divorce from children in Ukraine
- Divorce without consent in Ukraine
- Quick divorce in Ukraine
- Divorce and alimony in Ukraine
- Apostille on a court decision on divorce in Ukraine
- Family lawyer in Ukraine
- Divorce through court in Ukraine