- The procedure and procedure for divorce through the registry office
- How to file documents for divorce at the registry office?
- Execute and submit an application for divorce of spouses without children
- Registration of a divorce at the registry office unilaterally without presence
- Divorce procedure in court and registry office – comparative characteristics
The procedure and procedure for divorce through the registry office
Since the legislation of Ukraine regulates two methods of divorce, then, accordingly, the procedures for divorce will differ in their rules and nuances.
In Ukraine, the competence of divorce is vested in the registry office and the court, subject to certain conditions.
Often spouses, without having certain knowledge in the field of family law, apply to the registry office with a requirement to dissolve the marriage. The procedure for divorce through the registry office assumes the presence of two conditions:
- no dispute regarding divorce. That is, if one of the spouses is against divorce, the other of them can no longer apply to the registry office, since there must be a joint statement. In this case, the one of the spouses who wishes to divorce is a direct road to court.
- absence of common minor children. The rights of the child have a certain priority, and due to the impossibility of independently defending their rights, such a duty is imposed on the state. However, if one of the spouses has a minor child, the application to the registry office for divorce will be absolutely legal.
How to file documents for divorce at the registry office?
The divorce procedure in the registry office does not require much effort and is fast enough. In order to dissolve the marriage, you just need to come to the registry office at the place of residence of the spouses or one of them and apply with a joint application for divorce.
Please note that there is no need to contact the registry office that once registered your marriage, which greatly simplifies the situation in many cases.
The divorce application has a standard template form, which, as a rule, according to the order of divorce through the registry office, the specialist fills out the application in electronic form on the basis of the data you provide.
There are two fields in the application for each of the spouses separately. The reasons for the divorce are not of interest to the registry office, since the very fact of mutual consent to divorce and the absence of joint children is important.
Execute and submit an application for divorce of spouses without children
The rules of state registration of acts of civil status of Ukraine provide for the procedure for divorce, when one of the spouses, for a good reason (serious illness, long business trip, living in a remote area), cannot personally submit an application for divorce at the registry office, such a statement, the authenticity of the signature on which must be notarized certified or equated to him, on his behalf, the second of the spouses can file, about which a note is made in the register of applications for divorce without children.
After all the information has been entered, the application is printed out and given to the spouses for review. You should carefully double-check all the data, since at least one wrong letter or number can further lead to problems with the registration of a second marriage. After reviewing the completed divorce application, the spouses must put their signatures in the space provided.
In accordance with paragraph 5 of Art. 3 of the Decree of the Cabinet of Ministers of Ukraine No. 7-93 “On State Duty” for registration of divorce by mutual consent of spouses who do not have minor children, a state duty is paid in the amount of 0.5 non-taxable minimum income of citizens (8.50 UAH).
The procedure for divorce through the registry office takes one month, during which, in accordance with Part 2 of Art. 106 SK of Ukraine, spouses can withdraw the application. If the application for divorce has not been withdrawn, the spouses must appear at the registry office for direct registration of the divorce on the appointed day and time.
Registration of a divorce at the registry office unilaterally without presence
In the event that one of the spouses cannot be present on the day of registration of a divorce at the registry office, the period and procedure for such registration, at the written request of the spouses, can be postponed to another day, but not more than one year from the date of filing the application, or registered without the presence of one from the spouses, if a corresponding application has been received from him.
The procedure for divorce is such that on the same day a divorce certificate is issued to the spouses and a mark is put in the act record. The spouse who was absent during registration receives a certificate from the registry office, which he indicated in the divorce application without his presence.
Registration and the procedure for divorce in the registry office with a person recognized as missing or incompetent is carried out at the request of one of the spouses, who must provide the corresponding court decision that has entered into legal force.
Often, such decisions are made by one of the spouses in order to register a new marriage in the future. This procedure may take a little more time, since you need to go to court in a separate proceeding in order to recognize the absence or incapacity of the other spouse.
Divorce procedure in court and registry office – comparative characteristics
The procedure and procedure for divorce in court differs in that only the court can divorce in case of objection from one of the spouses and in the case of minor children.
After a joint statement or statement of claim has been received by the court using an automated document management system, the court determines a judge who will directly conduct the divorce case in accordance with the procedure.
If the submitted package of documents complies with the norms of civil and family law of Ukraine, the judge appoints the date and time of the preliminary court session, about which the parties receive a summons. During this session, the judge clarifies the circumstances of the case, listens to the opinions of the parties.
Unlike the procedure for divorce through the registry office, the court can set a period for reconciliation of spouses up to six months, when the application is submitted on the initiative of only one of the spouses. If during this period the spouses do not come to a common agreement, then the court decides to satisfy the divorce claim or to refuse the plaintiff.
According to the divorce procedure, the court must establish the factual circumstances of the spouses’ family life, which testify to the impossibility of maintaining the family and that such a relationship contradicts the interests of the spouses or their children.
The marriage is considered to be dissolved from the moment the divorce decision comes into force.
The court decision on divorce is an official document and the parties are not required to obtain a divorce certificate from the registry office.
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