Making divorce: step by step instructions from an experienced lawyer
Getting married is one of the most joyful experiences in the life of two people, however, such an important decision is often taken lightly and as a result, such marriages can very quickly fall apart. According to statistics, every third family breaks up within three years after marriage. If reconciliation has not been achieved, then the spouses can contact the civil registration authority or, as the people say, the registry office. You just need to submit an application and get a document (certificate) of divorce, but it is so easy only in theory and a very small percentage of people get divorced in this way.
In life, divorce is a very difficult and unpleasant period for both the spouses and their children. Very often the spouses managed to acquire joint property and do not really want to divide it in half.
All marriage and family relations, including the dissolution of marriage and the procedure for the division of property, are regulated by the Family Code. If you turn to the Family Code, namely to article 105-107, you can see that a divorce can be formalized in a civil registry office or in court. The procedure for termination, the required documents will be described below.
Where to start filing a divorce?
This process can take quite a lot of time, effort and nerves. If the spouses could not reconcile, then many have a question, where to go?

Which authorities to apply for divorce

According to article 105, divorce can be in the registry office and or in court.
Divorce with the help of the registry office can be issued to persons who do not have minor children, as well as who do not have disputes and claims over property, but who have mutual consent to divorce. Divorce can also be filed in the Civil Registry Office if the whereabouts of the spouse are unknown, he has mental illness or is serving a prison term of more than 3 years.

What documents are needed to register a divorce

If the divorce is formalized through the court, then the list of documents will increase significantly:
  • Claim;
  • The passport;
  • Marriage registration certificate;
  • Birth certificate of children, if any;
  • An identification tax number;
  • A marriage contract, if it was concluded during marriage;
  • Property documentation, if there are claims regarding it;
  • Certificate of registration of place of residence;
  • The court may require additional documents.

More information about List of documents for divorce in Ukraine can be found in our separate article by clicking on the link.

How to write a divorce petition

A divorce petition is a written and formal desire to divorce. The required (official) application form is established by law. Like any official document, this statement must contain information such as:
  • The name of the instance in which the proceedings will be conducted;
  • Personal data of the Claimant;
  • Defendant data;
  • Marriage registration data (day, month and year);
  • Start date of separate residence;
  • The reason for the divorce or why it is impossible to continue living together;
  • Claimant and defendant's claims;
  • Date of writing the application;
  • Attached Documentation.

More information about Divorce claim can be found in our separate article by clicking on the link.

Divorce in various cases

All actions of the divorce proceedings are described in detail in the Family Code of Ukraine. If the spouses do not have common minor children, the desire for divorce is mutual and there are no claims for the division of property, then the divorce can be made at the registry office. This type of divorce is the quickest and easiest. However, such cases are quite rare, and more and more often spouses in Ukraine get divorced through the courts. The procedure and conditions for divorce through a court are described in Articles 109-110 of the Family Code of Ukraine. The same articles indicate the conditions and reasons for divorce through the court, which will be discussed below.

Having children

According to article 109-110 of the CKU, the presence of common minor children is the reason for the divorce of spouses precisely through the court, even if both parents have already decided on the living conditions of the child and have no claims to each other. Anyway, such a case will be considered in court.

Which courts do you need to go to for a divorce?

It doesn't matter whether a compromise has been reached or not, whether there are disputes or not, you need to go to the general court. But before that, you need to determine the jurisdiction of the case, usually a district court.
The court will consider such issues as:
  • Who the child or children will live with;
  • How parents will participate in the upbringing of children;
  • Who and in what amount will pay maintenance for the child - alimony;
  • Property.
It is also worth mentioning such a document as a parental agreement, which can greatly simplify the divorce process. Such a document is drawn up and signed by both parents; it contains information about alimony, upbringing; a signature and notary certification is required.
This document with all signatures is brought either on the day of filing the application for divorce, or on the day of the meeting itself. If nothing in this document violates the laws and rights of the child, then the court approves this agreement.

What should be in the divorce petition and additional documentation?

  • Application form, Surname, name and patronymic of the plaintiff and the defendant, registration address, reasons and why the further continuation of the marriage is impossible;
  • Original document or copy of marriage registration;
  • Original document or copy of the birth of children (birth certificate);
  • A check that confirms the payment of a state fee for going to court - a court fee (currently in the amount of UAH 908.00);
  • Identification tax codes.

Divorce procedure

  • 1 It will greatly contribute to the accelerated solution of the case of finding a compromise before the start of the divorce proceedings;
  • 2 The claim is submitted to the judicial office, if there are no mistakes and everything is in accordance with the law, that meeting will be in 30 calendar days;
  • 3 If a compromise is found or was found before the start of the process, then the court makes a decision, and it comes into force in a month or 30 days and sends a special document to the registry office.

The consent of the husband and wife

If full consent of the spouses is reached, then they can file a divorce through such a state institution as a registry office. According to articles 106-107 of the FCU, a divorce can be filed at the registry office or in court.
Divorce with the help of the registry office can be formalized by persons who do not have minor children, who do not have disputes over property, but who have mutual consent to divorce. Also, a divorce can be filed at the registry office if the spouse is officially missing, mentally ill, disabled (incapacitated) or in prison for more than 3 years.

Divorce registration at the registry office

In a situation where a civil registry office will be issued through the registry office, then documents are required such as:
  • Statement that can be written on the spot;
  • The passport;
  • Marriage certificate;
  • Check for payment of duty;
  • If the spouse cannot be present in person, then the consent of the notary is required..
However, the presence of both spouses at the registry office, at least once, is still necessary.

Attendance at court

Very often people have not lived together for a long time, and sometimes they live in different countries. How, in this case, to file a divorce and is it possible?
The answer is yes, it is possible, but you will need a notarized confirmation, which is not so difficult to issue. If the spouse is recognized as incapacitated, missing, or is serving a term of more than three years, then such consent is not required in principle.
You can also file a divorce without being present with the help of a representative (lawyer).

Property division

Division of property is another unpleasant consequence of a divorce. In this case, a marriage contract concluded during marriage can become a very weighty argument.

Property that cannot be divided

  • Personal belongings;
  • Received as a gift;
  • Inherited;
  • Obtained as a result of privatization;
  • Other cases.

Property that can be divided

  • Income from entrepreneurial, creative or intellectual property;
  • Properties bought during marriage;
  • Securities;
  • Luxury goods;
  • Bank deposits;
  • Car;
  • Other cases.
The most acceptable option for the division of property would be a division of 50 by 50, but such cases in divorce proceedings are extremely rare. It is also worth to note that shares the property itself, rather than its value.

You can get help in divorce from our Lawyers. You can order a full case management or a separate application through our website - by phone or through the service order form on our website https://yurdopomoga.com.ua/en/.
We will be happy to help.

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