In this article, “Divorce without registration in Ukraine”, you will find out where to go and what to do if a court is refused to open legal proceedings due to the lack of confirmation of the registration address from the address bureau? You will find the answers by reading our article.
Is it possible to divorce without registration?Is a divorce possible if one or both spouses does not have a residence permit or registration? Certainly yes, but in some cases it can cause additional difficulties of divorce, which increases the terms for receipt of the divorce court decision.
The rules of territorial jurisdiction (jurisdiction) of divorce cases established by law (Chapter 3, Civil Procedure Code of Ukraine) make it possible to choose the most suitable court for dealing with a divorce petition.
The importance of registration of living place in determining the jurisdiction of a caseIn Ukraine, the effect of registration (registration) on the lives of citizens is gradually decreasing, but this influence is still very large, the situation with divorce is not an exception. When applying to the court, you cannot file a dissolution of marriage with any nearest court for your choice, otherwise as a result you will receive Praise (Decision) of the court to return the statement of claim to the plaintiff, due to the fact that the jurisdiction of the case is not in accordance with Art. 185 Civil Procedure Code of Ukraine.
Most often in cases of divorce, you can go to court at the place of registration of the defendant, or in some cases at the place of registration of the plaintiff (however, there are other cases). If the plaintiff and defendant have a residence permit or registration at the time of filing a lawsuit on the dissolution of the marriage, then most likely you will successfully open a case. But what happens if there is no registration?
Choosing a court without registration of living placeWhen establishing the jurisdiction of a case, the court is more important about the registration of the defendant, this is due to the right of the defendant to be notified of the opening of the case with his participation, and to participate in this case to protect his rights.
Clause 9, Article 28 of the Civil Procedure Code of Ukraine tells us that “Claims against the defendant, whose place of residence or residence is unknown, are filed at the location of the defendant’s property or at the last known place of residence or stay or his permanent occupation (work ) ".
But, not so simple. If the defendant changed the place of registration, but we did not know about it, the court will also refuse to open a court proceeding by proposing to either independently withdraw the application or make a Praise (Decision) to refer the case to the court at the place of the defendant’s new registration. Transferring cases between courts takes months, however, you will save a court fee, which will not need to be paid again in a new court. The new court will also send a request for confirmation of the respondent’s address to the address bureau and will wait for a response.
But what happens if the defendant is discharged and not registered anywhere? In this case, the court will open legal proceedings, but only after receiving a response from the address bureau confirming that the defendant was indeed registered at this address. There are cases when in the response of the address bureau there is no confirmation that the defendant is now registered at this address or was previously registered here. In this case, the court will most likely refuse to open the case and return the statement of claim, leaving the case without motion. The same applies to cases where the place of the last residence of the defendant is unknown, or he is a foreigner and he never had a residence permit in Ukraine.
Alternative jurisdictionBut this is not a hopeless situation, although it is rather complicated for citizens who do not have experience working with the judiciary. In this case, you need to look for the possibility of establishing alternative jurisdiction. For example, you can establish jurisdiction:
- ✔ at your address of registration if a minor child is registered with you;
- ✔ at the location of the property of the defendant (this applies mainly to real estate);
- ✔ at the official place of his permanent work or employment;
- ✔ at the place of stay of the defendant (stay means the place of temporary registration of the defendant);
- ✔ and other cases.
In practice, this means that in the event of a divorce with a person whose whereabouts and registration is unknown, or information about the last place of his registration was not saved, you will experience certain difficulties in opening a case in court. The same applies to foreigners who did not have registration or migration documents in Ukraine.
Case studyThere was a case in the work of our lawyers in which the defendant did not have a passport, was discharged more than 25 years ago and has not been registered anywhere to the present. In this regard, his documents were lost in the passport office and the address bureau did not confirm his last registration at the specified address in the Shevchenkovsky district of Kiev. In fact, a person could be found, but it was impossible to confirm his identity or restore his passport. The praise of the first court, after 5 months, the opening of the judicial proceedings was refused after 2 attempts to confirm the address in the address bureau, and the statement of claim was returned to the applicant.
Praise of the Shevchenkovsky District Court for the return of the statement of claim to the plaintiff:
However, our lawyers found an opportunity to establish jurisdiction in another court in Kiev. The Goloseevsky District Court of Kiev issued Uhval (Decision) in which it ruled “There are no grounds for leaving the statement of claim without motion, returning the statement, and refusing to open the proceedings”.
Praise (Decision) of the Goloseevsky District Court:
And 4 months after the filing, an absentee decision was made on the dissolution of the marriage, which entered into force in January 2020.
The decision of the Goloseevsky District Court:
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You can order a statement of claim for a divorce or fully conduct a case about a divorce on our website yurdopomoga.com.ua
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