Joint application for divorce with children in Ukraine

Joint application for divorce with children in Ukraine

Divorce of spouses who have children, lawsuit

Divorce of spouses who have children takes place in court in accordance with Art. 109 of the Family Code of Ukraine. A joint application for divorce of spouses with children is considered in a separate proceeding in court.

Please note that this is not a statement of claim and in this process there is no plaintiff and defendant, since there is no dispute between the spouses. In addition, the divorce proceedings under such circumstances take place as quickly as possible, in comparison with the divorce proceedings.

A joint application for divorce of spouses who have children is considered by the court if the following points are established:

  • the statement of the spouses must be joint, in the form of one document signed by them. Only if both spouses agree to divorce can such an application be filed.

The right to terminate marriage is an inalienable right of each spouse, which guarantees the freedom to enter into marriage and its dissolution. When considering a joint application for divorce of spouses who have children, the court must establish that the application corresponds to the actual will of the spouses and that after the divorce their personal and property rights and interests, as well as the rights of their children, will not be violated.

  • the spouses have common minor children.

Joint application for divorce in court, agreement on children in case of divorce

The joint application for divorce must be accompanied by a written agreement, which must contain information about the following:

  • with whom the children will live after the divorce;
  • what kind of participation the parent who will live separately will take in ensuring their living conditions;
  • on what conditions will parents exercise the right to personal education of their children.

Also, a written agreement on the amount of alimony may be attached to this agreement, which will further simplify the situation in the future.

The legislation introduced this norm in order to maximize the provision and protection of the interests of children in the event of parental divorce, since this agreement provides a full-fledged upbringing and stable material support of children according to their age.

The contract in accordance with Art. 109 SK of Ukraine must be notarized. Such a rule greatly simplifies the procedure for levying alimony for the maintenance of children, since in the event of the evasion of one of the parents who is entrusted with the obligation to financially support the children, alimony may be collected on the basis of a notary’s executive order.

For consideration of a joint application for divorce of spouses who have minor children, a court fee of 0.2 of the minimum subsistence level of able-bodied persons is paid.

How to file a joint or divorce lawsuit?

A joint application for divorce of spouses who have minor children is submitted to the court of general jurisdiction at the place of residence of the husband or wife by their consent.

The court considers a joint application for divorce within one month from the date of its filing, as if giving a period for reconciliation.

It is very important that the written agreement on the upbringing and maintenance of children is correctly drawn up and from a legal point of view there are no double provisions that in the future may not play in your favor.

Registration of a joint statement by mutual agreement, sample

Experienced experts in divorce advise you to seek legal assistance from lawyers or attorneys specializing in such matters in order to prevent negative situations after divorce related to the upbringing and maintenance of children.

Because only a professional can take into account all the points and prescribe the nuances so that later there would be no doubts either by the court considering a joint application for divorce of spouses with children, or by any of the spouses in the future regarding their rights to raise children.

The court in a separate proceeding does not study the reasons for divorce globally, since it is important that such a decision corresponds to the actual will of each of the spouses. In such cases, it is more seriously checked how the interests of children will be protected after the parents divorce.

The court, on a joint application for divorce of spouses who have children, makes a decision after one month to satisfy the application and divorce or to refuse to divorce the spouses.

By clicking on the link, you can familiarize yourself with the court decisions by which the court leaves joint applications for divorce without progress on the most common mistakes.

In our practice, there are no negative court decisions in such situations, therefore, by choosing the services of an experienced lawyer / lawyer for divorce Skryabin Alexey Nikolaevich, you can be absolutely calm about your calm future and a decent life for your children.

An example of a joint declaration for divorce by spouses who have children is a standard form that requires clarification in each situation. In addition, as mentioned above, agreements regarding the upbringing and maintenance of children should also be competently and specifically drafted. Therefore, you should not risk yourself, since the court may refuse to divorce you even by mutual consent.

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