The statement of claim with all attachments is filed with the court at the defendant's place of residence. The package of documents must be in two copies - one to the court, the other to the defendant.
The title partIn the title part of the claim, the name of the judicial institution and its location are written. Requisites of the court can be found directly in the body or on the official website of the judicial authority of Ukraine. The name, address and phone number of the plaintiff and the respondent are indicated, and the addresses are indicated as much as possible up to the index.
An example of a statement of claim for divorce:
|До Шевченківського районного суду міста Києва|
|Позивач||Прізвище Ім'я Побатькові
Місто Київ, вул. Мельникова, буд. ХХ, кв. УУ
|Прізвище Ім'я Побатькові
Місто Київ, вул. Мельникова, буд. ХХ, кв. УУ
про розірвання шлюбу
ContentThe main part consists of an introduction and reasoning. The first part indicates the date of marriage, the number of the marriage certificate and the public authority that issued it, as well as the Full Name, and the date of birth of children (if any).
In the second part, you specify the reasons why you want to divorce. It is worth writing here why your family relationships can no longer continue, for example, "we have different characters and we can not live together" or "he loves another woman" - this reason for the trial is not so important.
Next, you need to write that you are sure of the impossibility of preserving the marriage and prolonging it can harm your interests. In addition, it should be noted that the second spouse refuses to terminate the marriage, thereby forcing you to go to court.
In order for the divorce process to proceed as soon as possible, it should be noted that the application does not address issues relating to children's residence and property division. These moments are best raised in a separate hearing, as their decision can drag on for months. Here, the wife may wish to leave her husband's surname after the divorce or regain the old one.
To order services for dissolution of marriage, please contact us
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PetitionIn this part of the statement of claim, you need to write that you are asking to break the marriage between you and the defendant, indicating his date, number and registration authority.
List of attached documentsHere, simply list the attached documents, which includes:
- ✔ passport;
- ✔ marriage certificate - a copy;
- ✔ birth certificates of children - a copy;
- ✔ the original of the paid receipt of the court fee;
- ✔ the statement of claim - a copy.
Date and signatureAt the end, the applicant's signature is placed and the current date. It is better sign it in the court at the time of filing.
Order the preparation of a statement of claim.If you are not sure that you can correctly write a statement of claim, then it is better to contact the specialists of our legal aid bureau and order the preparation of a claim for divorce in Ukraine. A qualified lawyer knows exactly how to write a statement of claim with the best result for you.
More information you can find on our website https://www.yurdopomoga.com.ua
Update 2018Due to changes in law in 2018, the above information needs to be supplemented. In 2018, some changes in the law came into force, and more specifically in Articles 95 and 175 of the Civil Procedure Code of Ukraine. Therefore, having submitted a statement of claim drawn up by the above-mentioned method, you will receive a refusal to consider the case by a court, with a 10-day time limit for correcting the deficiencies. If you received such a praise, then nothing terrible happened, it is necessary to submit the same application again within 10 days, but add the necessary corrections indicated in the Award. According to amendments to the Civil Procedure Code of Ukraine that entered into force in 2018, the statement of claim in 2018 should additionally contain the following information:
- ✔ confirmation that the plaintiff has not filed the same lawsuit (suits) against the same defendant, with the same subject matter and for the same reasons; in our case - about divorce;
- ✔ information about the plaintiff's evidence that can not be filed with the claim;
- ✔ information about the presence of the plaintiff or other person, originals of written or electronic evidence, copies of which are attached to the statement of claim;
- ✔ preliminary calculation of the amount of legal costs incurred by the claimant and expected to be incurred in connection with the consideration of the case;
- ✔ and now it is necessary to indicate information (or lack thereof) about the official electronic address of the plaintiff and the respondent, and their e-mail addresses.
If you file a claim in 2018 for the first time, you must immediately include in the application all this information, so that the court will accept your statement of claim for consideration.
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