Divorce documents in court in Ukraine
Package of documents for divorce in Ukraine
In order to dissolve a marriage in the registry office or in court, it is necessary to collect a package of certain documents.
The presence of a package of documents for divorce with children and without is regulated by the Civil Procedure Code of Ukraine and the Rules for State Registration of Civil Status Acts, approved by Order of the Ministry of Justice of Ukraine dated October 18, 2000 No. 52/5.
If the spouses wish to divorce each other and they do not have joint minor children, the spouses submit an application to the registry office or the court, attaching the following documents:
- copies of passports of a citizen of Ukraine;
- marriage certificate;
- a copy of the court decision on recognizing a person as missing or incompetent, which has entered into legal force (if the application is submitted by one of the spouses);
- a receipt confirming payment of the state duty for registering a divorce.
Divorce documents in court with minor children in Ukraine
The package of documents required for a divorce in court, namely in the presence of minor children, is somewhat different. In addition to the application / statement of claim to the court for divorce, the following documents are needed:
- joint / statement of claim for divorce in court (if a claim is filed – 2 copies, 1 – for the defendant);
- copy of the passport and TIN – 2 copies;
- copy of the marriage certificate – 2 copies;
- copy of the child’s birth certificate – 2 copies;
- copy of the agreement “On the upbringing and maintenance of the child after the parents divorce” (if the application is submitted by the spouses jointly);
- copy of the power of attorney of the representative or the agreement on legal assistance – 2 copies;
- receipt of payment of the court fee in the original.
Marriage certificate and application – basic documents for divorce
According to the Rules of State Registration of Civil Status Acts, if the spouses do not have a marriage certificate, and the marriage record has not been preserved in the registry office, then if there is a mark (stamp) on the marriage in the applicant’s passports or passport documents, it is not necessary to demand restoration of the marriage record. The absence of a certificate is noted on the divorce application.
If the marriage record was drawn up at the registry office, but has not been preserved, and the spouses do not have a marriage certificate, and there are no stamps (marks), about marriage in passports, passport documents, then the state registration of a divorce can be carried out only after the restoration of the record.
This procedure is provided in connection with the further procedure for affixing a mark on divorce on the basis of a court decision on divorce.
Thus, it should be noted that the main documents for a divorce in the registry office and the court are a marriage certificate and a well-written divorce statement.
Help of a lawyer in the preparation of documents for divorce in Ukraine
The assistance of a lawyer in the preparation of documents for divorce in court, in the presence or absence of children, is necessary in order for the documents to be prepared in full and competently, because the term and outcome of the divorce process depends on this.
Divorce lawyer services include:
- preparation of an application for divorce by mutual consent of the spouses to submit it to the registry office in the absence of children;
- restoration of the marriage certificate, if necessary.
In case of going to court, the services of a divorce lawyer include:
- collection and study of all documents necessary for the preparation of a statement of claim to the court in the presence and absence of children;
- preparation of the statement of claim and its submission to the court;
When preparing a statement of claim for divorce in court, a lawyer takes the following actions:
- determines the jurisdiction of the case, that is, to which court the claim should be submitted;
- forms annexes to the statement of claim, which are filed together with the claim;
- determines the amount of the court fee and generates a receipt;
- pays the court fee;
- generates a copy of the statement of claim and attachments for the defendant.
If one of the parties has resorted to the help of a divorce lawyer, the participation of that party in the case is not obligatory. That is, the services of a divorce lawyer provide for the possibility of a court hearing a case without the presence of a party (plaintiff or defendant), even if there are common children.
The absence of a party in the consideration of cases in the court session does not in any way affect the court’s decision on divorce, because thanks to the help of a lawyer in a divorce, your requests to the court will be transferred to the judge, and your rights and interests will be protected and represented by a divorce lawyer.
A good lawyer will be able to help in the preparation of documents, as well as to fully accompany the divorce process, who will adequately represent your interests in a divorce in court and achieve a positive result for you and your children in the shortest possible time.
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