Dates of divorce of spouses in Ukraine
- Terms of divorce without children through the registry office in Ukraine
- Terms of divorce through court with children by mutual consent in Ukraine
- How to get a divorce through the registry office unilaterally quickly in Ukraine?
- What are the terms for divorce through the court if one of the spouses does not agree in Ukraine?
Terms of divorce without children through the registry office in Ukraine
The terms of a divorce through the registry office are clearly regulated by the Rules of State Registration of Civil Status Acts, approved by Order of the Ministry of Justice of 18.10.2000 No. 52/5 and are 1 calendar month from the date of filing such an application.
Divorce through the registry office is possible with the mutual consent of the spouses and the absence of joint minor children.
When accepting documents on divorce of spouses without children, the procedure and conditions for state registration of divorce, as well as the moment of its termination, are explained to persons.
If the spouses, for a good reason, cannot appear at the registry office for state registration of a divorce on the day set for them, the period of such registration, upon the written request of the spouses, can be postponed to another day.
If the spouses did not appear for the divorce at the registry office and did not report the reason for their failure to appear within three months from the date of submission of the relevant application, the divorce application becomes invalid.
Terms of divorce through court with children by mutual consent in Ukraine
The terms for divorce through the courts, in the presence of mutual consent of the spouses, are significantly reduced. Despite the presence of children, the term of the divorce proceedings in practice is 1-2 months.
In this case, it is appropriate to consider the case by way of simplified proceedings, which greatly facilitates the divorce procedure and frees the spouses from the need for multiple visits to the court.
Along with a joint application for divorce, a written agreement must be submitted to the court about which of the parents the children will live with after the divorce, what part of the mother or father living separately will take part in ensuring their living conditions and upbringing.
Art. 109 of the Family Code of Ukraine provides that an agreement may be concluded between the parents on the payment and establishment of the amount of alimony for the child, which must be notarized.
How to get a divorce through the registry office unilaterally quickly in Ukraine?
Divorce through the registry office unilaterally is possible in accordance with Art. 107 of the Family Code:
- at the request of one of the spouses, if one of them is recognized as missing on the basis of a court decision;
- at the request of one of the spouses, if one of them is declared incompetent on the basis of a court decision;
One of the spouses fills out an application for divorce at the registry office and encloses a court decision stating that the other of the spouses is recognized as missing or incompetent, and pays the state fee for filing the application.
The term for consideration of such an application in the registry office is governed by the Rules of State Registration of Civil Status Acts, approved by Order of the Ministry of Justice dated October 18, 2000 No. 52/5, and ranges from 1 to 3 days, depending on whether it is necessary to draw up a request at the place of marriage registration, whether divorce marks.
What are the terms for divorce through the court if one of the spouses does not agree in Ukraine?
The term for consideration of a divorce case in court in the absence of mutual consent of the spouses can be 2-6 months.
In this case, it is necessary to competently file a statement of claim for divorce in court in accordance with the rules provided for by the Family Code of Ukraine and the Civil Procedure Code of Ukraine.
One of the main provisions of the unilateral statement of claim for divorce, which plays an important role in setting the time frame for the consideration of the case, are the reasons for the plaintiff’s appeal to the court. And the more weighty they are, the easier it will be to convince the court of the need for a unilateral divorce.
According to Art. 112 of the Family Code of Ukraine, the court finds out what the actual relationship between spouses is, establishes the real reasons for filing a claim for divorce, considers other issues related to the application for divorce unilaterally.
The term for a divorce in court can drag on for more than 6 months in the case of the active participation of a spouse who does not want to file a divorce.
Based on the norms of the Civil Procedure Code, in practice, one can single out the main factors that affect the timing of a divorce in court in the absence of the consent of one of the spouses:
- the spouse’s categorical objections;
- the terms set by the court for reconciliation;
- one of the spouses abuses his rights and delays the divorce proceedings in every possible way.
An experienced family lawyer will help to competently draw up a statement of claim and achieve a positive result as soon as possible, taking into account all the nuances and complexity of the client’s divorce case.In addition, if there are difficulties, the family lawyer will also help to collect and submit the necessary documents not only to the court but also to the registry office.
Useful site materials divorce.com.ua:
- Documents for divorce in Ukraine
- Cost of services on marriage dissolution in Ukraine
- Сourt fee for marriage dissolution in Ukraine
- Divorce terms in Ukraine
- Divorce certificate in Ukraine
- Divorce with a child under one year old in Ukraine
- Divorce registration at the registry office and in court in Ukraine
- Divorce by mutual consent through the registry office in Ukraine
- Divorce procedure in Ukraine
- How to file for divorce in Ukraine