So, how to get a divorce under Ukrainian law - consider all the available options and methods.
Pre-Trial DivorceA divorce in pretrial order is possible only when a married couple does not have common minor children, which is expressly stated in Art. 107 Family Code of Ukraine. At the same time, the legislator strictly indicates in what cases it is possible to divorce in a pretrial order and how to get a divorce in a pretrial order:
- ✔ Incapable spouse;
- ✔ There is a court decision about the unknown absence of a husband or wife.
When submitting an application to a government agency, you need to submit the following documentation:
- ✔ Passport and code of the person who applies;
- ✔ A document confirming the marital relationship between the parties;
- ✔ Receipt of payment of state duty.
Divorce in the judiciaryThe question of a divorce is how to arrange in court, arises in the case when it comes to children. In the case when there are young children, the marriage may be dissolved, only in a court of law, as indicated in Art. 109 Family Code of Ukraine. Also, a lawsuit to terminate the marriage relationship is filed with the judicial authority even when the initiator of the divorce proceedings is only one party, while the second does not consent to this procedure.
We draw attention to the fact that in accordance with Art. 110 Family law of Ukraine, the divorce process is impossible when a woman is in a position or has not passed a year since the birth of the joint child.
However, the legislator makes an exception to this provision: in the case when the paternity of a conceived or already born child is recognized by another person, the judicial authority may separate the parties.
A married couple with minor children can divorce in court in two ways - with the help of a Claim or Joint Statement.
Joint statementThe Joint Statement will require the presence of both spouses at the filing and at the court hearing; the consent of both parties and the notarized Agreement on the procedure for the upbringing and maintenance of children; double payment of court fee (from each of the parties).
In order to dissolve the marriage in the court of procedure under the Joint Statement procedure, the following documents should be submitted:
- 1 Joint application for divorce;
- 2 Passport and applicants tax number;
- 3 A document confirming the marital relationship between the parties (marriage certificate);
- 4 Birth certificate of joint children;
- 5 A written contract drawn up by the couple about where the place of residence of young children will be after the divorce process, what direct participation each of the parents will take in the lives of children, how the parent’s participation will be carried out, as well as other issues relating to the upbringing and material support of children ;
- 6 Receipts for the payment of state fees, in this case there will be two.
Statement of claimFiling a Claim is much easier. When filing a claim, the Contract, the consent and presence of the defendant, double payment of court fee will not be required. The rest of the procedures are similar.
It is important to know that the court takes steps to reconcile the parties before deciding to divorce. For this, appointed before the main court hearing, the judge invites the parties and offers to reconcile, for which the spouses are given a month. At the end of the term set for reconciliation of the parties, the court divorces the parties.
Further, the court decision is sent to the state body of civil registration to make a record of the divorce of the parties.
You will find more information on our website https://www.yurdopomoga.com.ua