Category “How to file for divorce through the court in Ukraine?”

Ukrainian laws on divorce

The main legal acts for divorce in Ukraine are:

• Art. 104-120 Family Code;
• Art. 5 of the Civil Procedure Code;
• Law on state registration of civil status acts.

These are laws that provide for the possibility of spouses to divorce and their responsibility to children if they have any.

Conditions and rules for divorce

The terms and rules of divorce depend on how it happens. If a settlement agreement is drawn up, the spouses can independently divide the property, document it and receive a certificate of divorce. But when going to court, you are required to provide evidence to protect your rights. Often it is additionally necessary to involve a lawyer. It is worth considering both divorce options in more detail.

Through the registry office

Divorce through the registry office or civil registry office (civil registration authority) is carried out in the absence of common children, if the spouses agree to divorce.

To complete the procedure you must:

• Submit the appropriate application. It is filled out according to the form provided by the Civil Registry Office employees. Personal presence of both parties is required. The exception is when one of them cannot appear for valid reasons. Then you need to provide a notarized application for filing documents for divorce.
• Present the passports of both spouses, a marriage certificate and a receipt for payment of the state fee. Each party presents its own receipt.
• Wait for a month, which is given to the parties for reconciliation.
• Appearing at the Civil Registry Office to obtain a divorce certificate. Both parties must be present unless someone is unable to appear for valid reasons.
• Obtaining a divorce certificate.

One of the spouses may file for divorce alone in cases provided for by current legislation. This is recognition of the second spouse as incapacitated or missing.

The settlement agreement must indicate which spouse gets what property. Maintenance obligations are also prescribed if there are grounds for this.

Through the court

Divorce in court occurs in accordance with the provisions of the Civil Procedure Code of Ukraine. So, it is necessary:

• File a claim and provide a complete package of documents.
• Appear in court on the appointed day.
• Provide all the necessary evidence to defend your position and obtain a divorce decree.

There are many different nuances that you need to know about during a divorce using this method. They will be described in detail below.

Termination of relations with a foreigner

Divorce from a citizen of Ukraine of a foreign person is carried out in a special manner. If one of the spouses has foreign citizenship, then the civil registry office department will send the court decision on divorce to the appropriate competent authority of another state where the marriage record is located. There are many such divorces in Ukraine, all of them are carried out under the condition that an agreement has been signed between the countries on providing legal assistance and maintaining relations at the legal level on family and civil issues.

Divorcing a Ukrainian citizen can be difficult if a court is chosen to hear the divorce proceedings. The Ukrainian Civil Registry Office directly gives divorce a legal basis. The divorce procedure implies that a claim can be filed at the place of residence of the person acting as the defendant, or at the location of his property. For example, a subject may reside on the territory of the Russian Federation. All issues are resolved in accordance with general rules.

Statement of claim: rules for filing

A sample statement of claim can be found on the Internet. However, it is recommended not to write it yourself, but to contact a practicing lawyer. He will be able to competently draw up a document based on existing requirements. He will also justify the client’s position from a legal point of view and provide advice at any stage of cooperation.

The following must be included in this document:

• the name of the judicial authority to which the spouses apply;
• cost of claim;
• Full name and date of birth of the spouses;
• description of the situation;
• request to dissolve the marriage in court;
• list of documents that are presented along with the claim.

It is not necessary for spouses to file a joint claim. In practice, often one of the parties files a claim, and the other provides a counterclaim. This happens when it is not possible to agree on the division of property and children in a peaceful manner. It is necessary that such a claim additionally indicate:

• where the children will live;
• the rights of the other party to raise children;
• alimony obligations.

It is necessary to approach such a divorce process as responsibly as possible, since the presented evidence base will depend on who the children will stay with and how exactly the division of property will take place. Judicial practice often sides with the mother, but if she can be discredited, then the minors remain with the father.

What is the procedure for divorce?

It is important to understand that divorce through court is a complex process and there is no room for mistakes. Wrong steps - you risk losing your property, stopping communication with your child, receiving insufficient alimony and simply dooming yourself to constant litigation. A family lawyer from Equitas Company will protect you from all troubles and help in court to turn the tide of the case in your favor:

• Evidence base - we will collect all the documents that are necessary for the court, we will attract witnesses, we will make legal inquiries, we will assist in conducting examinations.
• We will make sure that the other party does not delay the process.
• During the consideration of the case: petitions, statements, support for your position, monitoring compliance with your rights.
• Enforcement proceedings: assistance in obtaining property and funds due to you.
• Cooperation with guardianship authorities.

Divorce in the family:

• Pre-trial preparation of the case: the court will study the documents and set a hearing date (1 month from the date of filing the claim).
• Court hearing: both spouses are required to appear to consider the case on its merits. Both parties must be notified of the date.

Important : when one of the spouses does not appear in court, citing the fact that he did not receive an official summons, the procedure must be postponed.

• Consideration of the case, rendering a verdict.

During the court hearing, each party has the right to petition to provide the family with a period of time for reconciliation (usually a month). The judge may refuse if he finds that reconciliation may violate the interests of the spouses or their children.

If you do not agree with the verdict, you can appeal it to the court of appeal within 10 days after the decision of the first instance court is made.

If you want your divorce to be quick and painless, and for no one to violate your rights, Equitas Company will help you in the most difficult and confusing situation.

What documents are needed

It is mandatory to provide a standard package of documents for a divorce through the court:

• original marriage certificate;
• a copy of the child's birth certificate;
• copies of spouses' passports;
• certificate of family composition.

It is recommended to file two different claims: for divorce and for division of property.

However, it is possible to include the following requirements in one:

• on determining the place of residence of minor family members;
• on the collection of alimony;
• on the division of property that is jointly acquired;
• on reclaiming items that are the personal property of one of the parties;
• on the fulfillment of obligations under the marriage contract (if any);
• other requirements that arise from the provisions of the Family Code of Ukraine.

An incomplete package of documents will result in the claim being rejected. Therefore, it is recommended to consult with lawyers in advance so that they can help you formalize the divorce process.

How to avoid problems during divorce proceedings?

In practice, a divorce can go smoothly and calmly only for spouses who have nothing to share and do not have minor children together. It usually turns out differently, for example, when dividing an apartment, difficulties may arise; the judge makes a decision on dividing the housing in one of the following ways:

Dividing an apartment in half: is one of the most difficult options for spouses, since the procedure for using the apartment after a divorce is unknown, which will force the spouses to go to court again to determine such an order.

The most common option is when the housing remains the property of one of the spouses and he is obliged to compensate the other party for half the cost. It is very important here that the cost of the apartment is correctly assessed and that the rights of neither spouse are violated.

The judge leaves ownership of the apartment to one of the parties, while at the same time the second party receives other property equal in value to 1/2 of the apartment.

Considering that the divorce process in Ukraine is a rather complex procedure, most likely, each of the spouses will need the help of a lawyer during its implementation.

Although the services of a professional are not cheap, hiring a specialist will help you avoid difficulties and protect your property interests. If there are disagreements, the divorce process can be very drawn out, so it is in the interests of both spouses to agree before the trial on a fair division of property and joint participation in the lives of the children.

How to get a divorce if you have children

If you have common children, it is impossible to get a pre-trial divorce. It is required to conclude an agreement in advance and have it certified by a notary. This agreement specifies the following information:

• which parent the child will live with after the divorce;
• how the second spouse will take part in upbringing;
• how much the second spouse is willing to pay as alimony.

If there is no such agreement, then the court must rely on the following data when deciding with whom the minors will live:

• level of attachment to parents;
• the opinion of the child himself, if he can already clearly express his position;
• financial condition and housing provision of the party who will accept the child;
• the opportunity to devote enough time to education;
• documentary evidence of the marginal lifestyle of one of the parties.

These are the main nuances that are taken into account by the judge during divorce proceedings involving common children.

What reasons lead to divorce?

According to statistics, about half of families break up over time. Most (about 30%) last up to five years. Divorce proceedings are provoked by various motives. Among the most popular, sociologists name treason. Many spouses do not forgive the infidelity of their other half and decide to run away.

Family atmosphere also affects the duration of marriage. Sometimes one of the family members cannot stand selfishness, tyranny or violence from a lover and files for divorce. It happens that a person is simply not created for family relationships - he does not know how to take care of loved ones and is too fixated on himself. Sometimes after marriage, the character of spouses changes for the worse.

An equally popular reason for divorce is money. For example, the head of the family cannot ensure the financial well-being of his wife and children. Or even worse - he got carried away with gambling, alcohol, drugs or other vices, driving his relatives into debt.

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Statistics show that intimate life also affects the longevity of a relationship. Sexual dissatisfaction often becomes, if not decisive, then one of the main reasons for divorce.

How to file for divorce if your wife is pregnant

According to current legislation, it is impossible to get a divorce during the wife’s pregnancy and during the year after the birth of the baby, unless the spouse herself is the initiator of the divorce. Based on Art. 56 of the Family Code of Ukraine, coercion to terminate marital relations or coercion to maintain them is not permitted and is a violation of the law.

The court recognizes several reasons for dissolving a marriage during the wife’s pregnancy:

• crime against spouse;
• crimes against an infant or unborn child.

Relevant evidence must be provided in order for the claim to be granted.

Divorce through the registry office

The key condition for divorce in the registry office is mutual consent. An absent Ukrainian has the right to draw up an application in Form No. 10 and send it to the registry office. What the procedure looks like step by step:

1. The parties agree on a divorce. A citizen of the Russian Federation submits an application to the registry office, and a notarized petition from a foreign spouse is delivered there. If he is in prison, instead of a notary's signature, a certification from the head of the colony is sufficient.
2. State agency employees review documents for 1 month. After this time, a divorce certificate is issued. A foreigner can order it to be sent by mail or delivered through a legal representative.

The presence of a spouse from Ukraine makes the procedure simpler: the parties just need to draw up a joint application on Form No. 9 and submit it to the registry office, and a month later pick up the completed certificates.

Which registry office should I contact?

Documents are submitted at the place of marriage or at the registered address of one of the spouses.

List of documents and application

To consider the application, you will need a copy of the absent spouse’s passport and an application. The other party provides a marriage registration certificate, passport and a similar statement. Both will need receipts for the transfer of state duty.

An absent foreigner independently fills out an application in Form No. 10, taking into account the following rules:

• The document is filled out in black or blue ink. The use of colored pens, pencils, and markers is not allowed.
• If desired, you can order registration from a notary. The service is paid separately.
• The application must be certified. Without notarization, the Russian registry office will not accept it.

A citizen of Ukraine personally enters information about himself and his spouse, details of the marriage certificate. After this, the notary puts a resolution, signature and seal, the document is sent to the registry office by registered mail or provided by an attorney under a notarized power of attorney.

Amount of state duty and processing time

Before applying to the government agency, both parties pay a state duty in the amount of 650 rubles, if unilaterally - 350 rubles. You can transfer money through Sberbank Online, electronic wallets, personal accounts and bank terminals in Ukraine.

The registry office has 1 month to consider applications. After the expiration of the specified period, in the presence of one of the spouses, the termination of the marriage is registered and a copy of its certificate is issued. The second may come for the document later or ask for postal delivery.

Divorce without the personal presence of one of the spouses

Sometimes a spouse cannot appear in court for various reasons. This is possible in the following cases:

• Recognition of a spouse as legally incompetent. Then he cannot express his will, so the other party has the right to file an application on his own, providing a court decision on incapacity.
• Declaring a spouse missing. Then, based on the appropriate court decision, you can file for divorce.
• Serving a sentence in places of deprivation of liberty, being on a voyage or in a military unit that cannot be left for a number of reasons. Then a notarial consent or consent equivalent to a notarial consent is required for a divorce through the court.

In other cases, the personal presence of both parties is necessary.

Property division

This is the most difficult part of the divorce process, as often the parties cannot reach an agreement. According to current legislation, there is a concept of personal and jointly acquired property.

According to the laws of Ukraine, the division must occur proportionally on the basis of an agreement. If there are disagreements, the issue is resolved in court.

What is the difference between a divorce between a Russian wife and a Ukrainian husband?

Let's answer right away - nothing. Termination of a marriage with foreign citizens (including Ukrainians), as well as stateless persons, is regulated by Art. 160 of the RF IC and international law. It is possible to dissolve a marriage with a Ukrainian man or woman both in Russia and in Ukraine. If the procedure and legal norms are followed, the divorce is legalized - recognized as legal.

At the same time, the unstable political situation and strained relations between the two states should be taken into account. For this reason, it is better to carry out such a legally significant action as divorce on Russian territory.

How to divide property in a civil marriage

The division of property in a civil marriage occurs in a similar way. However, the party claiming part of this property must prove:

• the fact of living together and running a household for a long time (from 5 years);
• the fact of purchasing property using general savings.

Witness testimony is usually used as evidence. It is recommended to invite non-interested parties, as their impartiality will ensure that the information is truthful.

How to quickly restore a divorce certificate

Sometimes parties lose their divorce certificate. It is possible to restore it. To do this you need to contact:

• Civil Registry Office, if the divorce took place in this body, by providing an application, passport and receipt of payment of the state fee;
• the court office with the same package of documents.

A duplicate is issued on the spot after consideration of the application in the first case. In the second, an emergency court meeting is required, at which a decision is made to issue a duplicate. The presence of former spouses is not necessary.

Dear readers, the information in the article may be out of date, take advantage of a free consultation by calling: Moscow +7

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Cost of divorce in 2019

Many people are interested in how much it will cost to get a divorce in Ukraine. You can find out the amount from the registry office employees. They will give the spouses a receipt with the details for paying the state duty. Services can be paid at any bank. The decree of the Cabinet of Ministers established how much registration costs throughout Ukraine: 8.50 hryvnia. But the preparation of an application by an official differs in each district. You should expect the state fee to be a little more than 20 hryvnia.

If the case goes to trial, the couple will have to spend more. Before filing an application, you must pay a court fee in the amount of 0.4 subsistence minimum. In 2020 the share is 768.40. The lawyer will have to be paid separately. The cost of his services will depend on the qualifications, experience and policies of the law firm. For his fee, the lawyer will help you correctly draw up all the documents, save time and achieve the most favorable conditions.