Divorce registration at the registry office and in court in Ukraine

Divorce registration at the registry office and in court in Ukraine

The procedure for state registration of divorce in Ukraine

In accordance with Part 2 of Art. 106 IC of Ukraine, registration of a divorce in the registry office / civil registry office is possible with the mutual consent of the spouses and the absence of minor children, otherwise, the divorce is carried out in court.

When filing a joint application for divorce, the spouses must pay a state fee or court fee in court.

The body of state registration of acts of civil status (Civil Registry Office / Civil Registry Office) draws up an act record on divorce after one month from the date of submission of documents.

The legislation provides for the spouses’ right to withdraw the application for divorce (for Article 27, the application for divorce). If, after a month from the date of filing the application, the spouses apply to the registry office / civil registry office – then the divorce is registered. Confirmation of the registration of divorce is a divorce certificate. A divorce certificate is issued in duplicate to each of the spouses.

Registration of divorce in court without presence in Ukraine

Registration of divorce without the presence of one of the spouses is provided for by the Rules of State Registration of Acts of Civil Status, approved by Order of the Ministry of Justice of 18.10.2000 No. 52.

If one of the spouses, for a good reason, cannot personally submit an application for divorce to the court, then a divorce lawyer can submit such a statement of claim to the court on his behalf.

If one of the spouses, for a good reason, cannot appear for the state registration of divorce, he can, when submitting an application for divorce, or within a month notify the registry office / civil registry office in writing about the consent to register the dissolution of marriage in his absence and indicate the location of the registry office / civil registry office where to send the divorce certificate.

In the case of a written notice, the signature on it of the spouse who cannot appear must be notarized.

However, it also happens that both spouses cannot appear at the registry office / civil registry office to register the dissolution of the marriage. In this case, you must submit an application with a request to postpone the procedure.

In this case, the term for transferring the state registration of divorce cannot exceed one year from the date of submission of the application.

Dates of divorce in the registry office / registry office in Ukraine

The term for divorce in the registry office / civil registry office is 1 calendar month from the date of filing a joint application by the spouses. Spouses must appear at the state registration of divorce on the appointed day with originals of passports.

The marriage ends on the day of the registration of the divorce. In confirmation, the spouses are issued a divorce certificate of the established form, and a court decision on divorce is issued in court.

If the spouses did not appear at the divorce registration and did not inform about the reason for their failure to appear, the state procedure for divorce does not automatically take place.

Divorce petitions are valid for 3 months from the date of filing. If the spouses do not apply during this period to the registry office / civil registry office, then the application becomes invalid.

Application for registration of divorce in the Civil Registry Office / Civil Registry Office in Ukraine

The basis for registering a divorce in the Civil Registry Office / Civil Registry Office is a joint application by spouses who have no children. Upon receipt of an application for registration of divorce, the Civil Registry Office / Civil Registry Office simultaneously checks whether the divorce has been registered in another Civil Registry Office / Civil Registry Office at the request of the other spouse, in order to avoid double divorce, and also checks whether there are common minor children.

In the presence of common minor children, divorce is possible only in court.

However, when submitting an application, the spouses are familiarized with the conditions for divorce, the responsibility for providing false information to the civil registration department, about which each spouse is signed.

After registering a divorce, the Civil Registry Office / Civil Registry Office must notify the Civil Registry Office / Civil Registry Office that has drawn up the marriage record of the state registration of divorce, in order to mark the dissolution of the marriage.

A timely appeal to a divorce lawyer in Ukraine will give you the opportunity not only to defend your legal position in court, but also to foresee (and, if possible, prevent) possible violation of rights and interests in the future.

Registration of divorce by court decision in Ukraine

A divorce suit is filed in court at the place of residence of the defendant. The jurisdiction of the case in court is determined at the choice of the plaintiff. Based on the aforementioned legal provision, applications for divorce can be filed with the court at the place of residence of the wife or husband if they have small or minor children under their care.

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