Divorce without children in Ukraine

Divorce without children in Ukraine

 

Divorce without children in a court order in Ukraine

Divorce without children in Ukraine

Unilateral divorce without children in Ukraine

If the spouses failed to come to an agreement on the issue of divorce without children, one of the spouses has the right to submit documents to the court unilaterally. This right is enshrined at the legislative level.

A statement of claim for a divorce without children can be submitted to the court under the general rule of jurisdiction unilaterally, namely, at the place of residence of the defendant.

But for different categories of cases related to family relations, exceptions to the general rule can be applied – the rules of alternative jurisdiction or, as it is called in the theory of civil procedure, preferential, since it establishes benefits for a certain category of subjects of family relations.

So, claims for the recovery of alimony, recognition of paternity by the defendant, as well as divorce can also be filed at the place of residence of the plaintiff unilaterally, claims for divorce can be filed at the place of residence of the plaintiff also if he is dependent on minor or minor children or if he cannot, for health reasons or for other valid reasons, travel to the defendant’s place of residence and submit such an application unilaterally.

Divorce without children, sample application in Ukraine?

The joint application of the spouses for divorce is considered by the registry office within one month. A sample of such a statement can be found on the Internet or in the registry office when drawing up an application.

Upon the expiration of this period from the date of submission of such an application, the registry office draws up an act of divorce without children.

Based on Part 1 of Art. 106 SK, an application for a divorce without children can be submitted to the second of the spouses unilaterally, subject to its proper registration.

But in Part 1 of Art. 106 SK it is only about the fact that such a statement can be submitted to the second of the spouses unilaterally, but not about his absence during state registration of a divorce without children on the appointed day.

How to file for divorce without children in Ukraine?

When considering a divorce case without children and without the consent of the husband unilaterally, the judge must check the circumstances of each claim, for example, regarding a divorce without children, the court must find out:

  • actual relationship between spouses;
  • the true reasons for divorce without children, which does not take into account the presence of a young child, a disabled child;
  • other life circumstances of the spouses.

The parties must provide evidence in support of their claims and objections, since by law, the duty of proof is assigned to the parties and their procedural representatives, and the court only contributes and ensures a comprehensive and complete clarification of the circumstances of the case:

  • explains to spouses their procedural rights and obligations;
  • warns about the consequences of committing or not performing procedural actions;
  • promotes the exercise of their rights under the Code of Civil Procedure.

Thus, the plaintiff is obliged to draw up and submit a competent statement of claim with clearly formalized claims unilaterally.

According to the applicable family law, spouses can submit:

  • one general application to the registry office for divorce (part 1 of article 105 of the SK);
  • an application for divorce without children can be submitted to the registry office by each of the spouses personally (part 1 of article 106 of the UK);
  • if one of the spouses, for a good reason, cannot personally submit an application for a divorce without children without children to the state civil registration authority, such an application, notarized or equated to it, can be submitted on his behalf by the other spouse (part 1 of Art. . 106 SK) is submitted unilaterally.

File for divorce without children in court in Ukraine

A statement of claim for divorce (it may contain claims for the recovery of alimony, for the division of jointly acquired property) must be considered in the action and meet the requirements for the content and form of the statement of claim for divorce without children in accordance with the Code of Civil Procedure and is paid by the court fee in accordance with the Law of Ukraine “On court fee “.

File a divorce without children through the registry office in Ukraine

Considering article 106 of the Family Code, the question arises – should both spouses be directly involved in considering an application for a divorce without children, or not?

The order of divorce without children through the registry office

This rule does not say anything about the presence of both spouses when the registry office decides their application for a divorce without children, however, there are cases when one of the spouses, for a good reason, cannot appear at the registration of a divorce without children, and then the dissolution of the marriage is carried out unilaterally.

In this case, the registration of a divorce can be carried out in the absence of one of the spouses, unilaterally, but at the same time he must submit confirmation – a written statement that he:

  1. notified of the time and place of divorce without children;
  2. agree to such a divorce without children;
  3. asks to register in his absence.

Such a declaration of divorce without children unilaterally, if sent by mail, must be properly executed, the signature of the person must be notarized.

In addition, it is advisable to add and submit indisputable proof of the validity of the reasons for failure to appear, for example, a certificate or order to send on a long-term business trip abroad, and the like.

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