Divorce if there is a child Ukraine

How to file for divorce in Ukraine

Unfortunately, many of those who happily said the cherished “Yes” in the registry office, later decide to divorce. In our previous article we told: with what age it is possible to register a marriage in Ukraine, where to go, what documents you need and how much it will cost.

Let’s return to the theme of divorce. Taking such a decision, many are guided mainly by emotions, so when it comes to the beginning of the divorce process, few know where to run and what to do. Many even still think that in any case it is necessary to go to court and prepare for a long trial. If you understand that keeping the family is no longer possible, have weighed all the pros and cons and are going for this decisive step, we will tell you how divorce happens in Ukraine, what documents you need to collect, how much it will cost, and how long you will have to wait in 2020.

How to file for divorce in Ukraine

You can file for divorce in Ukraine in two ways:

  1. in a judicial procedure;
  2. extrajudicially through the registry office.

Extrajudicial procedure of divorce

This opportunity may be used by married couples who have no children and when both spouses agree to divorce. To do this, you should contact the body of registration of acts of civil status (RACS or more commonly known as the “Registry Office”) at the place of residence of the spouses or one of them.

Prepare in advance an application for divorce, signed by both spouses, to which should attach a document certifying the registration of the marriage and the document certifying the payment of the state duty. In addition, the spouses should bring their passports.

By the way, the form of such a statement you can find at the link. There you can at the same time to get acquainted with what needs to be filled in the application.

Please note: the law requires that the spouses must be physically present when the petition is filed. The only exception is if one of the spouses cannot be present in person, in which case the wife (or husband) may submit the application, but it must be notarized or notarized in a manner equivalent to a notary public.

You have one month to change your mind and withdraw your application. Otherwise, after that your marriage will be dissolved, regardless of whether there is a property dispute between you.

By the way, out of court, the registry office is not required to use measures to reconcile the parties, as the court does, and will automatically dissolve the marriage after 1 month from the date of filing for divorce.

This is the easiest and fastest way to get a divorce, but it cannot be used if you have children. Read more about that below.

How much does it cost to get a divorce through the registry office

In accordance with the Decree of the Cabinet of Ministers of Ukraine “On state duty” in case of registration of the dissolution of marriage by mutual consent of the spouses who do not have children, pay a state duty in the amount of 0,5 untaxed minimum incomes of citizens.

By the way, a receipt on payment of state duty is also necessarily filed together with the application for divorce.

Divorce in Ukraine through the Internet

Divorce online in Ukraine is also possible. This, of course, does not fully replace the procedure of direct divorce, but, nevertheless, facilitates the life of the spouses.

You can make an appointment via the Internet in the departments of state registration of acts of civil status, ask your questions online and submit an application for the registration of the divorce process in electronic form.

All of this allows you to do a special web-portal of the Ministry of justice of Ukraine “Application in the sphere of state registration of acts of civil status”.

Proceedings in court: what documents are needed for a divorce

This way is the most common among married couples, because rarely do people solve issues related to divorce, amicably.

So, to go to court for divorce is necessary in two cases:

  • If there are minor children (under 18 years);
  • If one of the spouses does not agree to a divorce.

In order for the divorce process to begin, you must prepare a statement of claim for divorce. In such a statement specifies the date when the marriage was concluded, the reason for the termination of the marriage, as well as the factors that make it impossible to save the marriage. It also indicates whether there is a dispute about living together children, property disputes and other nuances.

By the way, about what “civil case” means, what are the nuances of obtaining legal services in such cases, about the simplest and most complex civil disputes our article will tell you. It will also help you decide whether to conduct their own case or go to a lawyer.

It is important to correctly compile a claim for divorce, otherwise you will just waste your time. Most Ukrainians have no idea how to file a lawsuit in court, what to refer to in a lawsuit, what the form of a claim should be in the simplest cases, such as dissolution of marriage, recovery of debts on the receipt or alimony. We do not encourage you to start studying the law and make your own lawsuit. However, by familiarizing yourself with the information on how to file a procedural lawsuit, you will be able to at least roughly understand what you need to consider in its preparation, as well as assess your capabilities in drafting it yourself.

Let’s get back to filing for divorce. It must be accompanied by copies of the documents proving your identity, your marital status, your children, and the original receipt for the court fee, plus a copy for the defendant.

What is the fee to pay under the law, what will be the court fee in Ukraine, what is the price of the claim, what is the difference between the concepts of state fees to the court and court fees – this and much more read our article. Just in it the cost of the court fee for a divorce, so here we will not dwell on it.

On the basis of the filed divorce petition, the court opens proceedings, which may consist of several sessions, depending on the complexity of the case, the discipline of the parties and other circumstances.

In some cases, if requested by one of the parties, the court may take steps to reconcile the parties and give them a period of up to 6 months to change their minds. That is, another court hearing is scheduled. If the parties have not changed their minds, the court decides on the divorce. It should be noted that if only one party refuses to divorce, this is not a reason to dismiss the lawsuit. The decision will be made on the dissolution of the marriage, because forcing the marriage in Ukraine is prohibited.

Judicial contractual order of divorce

Avoiding a lengthy court process is possible, but to do so, the spouses need to come to an agreement. In such a case, the spouses should draw up an agreement specifying everything that they have agreed upon: who the children will live with, how their parents will provide for them, and how they will be raised by them.

Having made such an agreement, the spouses file a joint statement, which in this case will be considered by the court in a separate proceedings (since there is no dispute). The application shall be accompanied by copies of documents, confirming the identity of the applicants, their presence in the marriage, the presence of children, the agreement itself, as well as documents confirming the income of the spouses.

Agreement between the spouses on the amount of child support must necessarily be notarized. In case of non-compliance with this agreement child support may be collected on the basis of an Executive inscription of the notary.

What court should you apply to for a divorce?

A joint petition for divorce can be filed at the place of residence of the wife or husband – as agreed by the parties, which is worth mentioning in the application.

This is not the case with a suit for divorce. As a general rule, all lawsuits are filed at the place of residence (registration) of the defendant, that is, the one to whom you are suing. But in cases of dissolution of marriage, the party suing (plaintiff) has an additional choice – to sue at his place of residence (registration).

Do this only if:

  • If together with you are registered or staying on your support (and you can confirm this with any document) minor, minor children;
  • In the case of health problems (you also need to confirm this with a medical certificate);
  • In the presence of other valid reasons for not be able to leave the place of residence of the Respondent.

In any of these cases, the claim should be accompanied by a document confirming this circumstance.

Restrictions on divorce through the court

But even if you have chosen the judicial procedure of divorce, you should remember that this is not always possible. For example, a lawsuit for divorce cannot be filed during the wife’s pregnancy and within one year of the birth of a child. The exceptions are cases:

  • When one of the spouses has committed a criminal offense against the spouse or child;
  • When the paternity of a child conceived is recognized by another person or when by a court decision the information about the husband as the father of the child is excluded from the register of births.

When a marriage ends

In the case of a divorce at the Registry Office, the marriage ends on the day of registration of the dissolution of marriage. But in the case of divorce in court, it ends on the day of entry into force of the court decision on dissolution of marriage.

Divorce at the Registry Office is certified by the Certificate of dissolution of marriage, and the divorce through the courts – the decision of the court on the dissolution of the marriage, which came into force.

Divorce through the court: the order of registration in Ukraine in 2022

The legislation of Ukraine provides for the dissolution of marriage through the court on the basis of:

  • A joint application of the spouses who have minor children
  • On the basis of the claim of one of the spouses if one of the spouses does not agree.

the Order of filing for divorce in the form of a step-by-step instructions

What documents are necessary for divorce through the court?

In order to file a petition for divorce, the following list of documents must be collected:

  • A copy of the birth certificate of the child;
  • A copy of your passport;
  • A copy of the identification code (TIN);
  • original certificate of marriage.

After collecting the necessary documents, a statement of claim for dissolution of marriage in court in two copies. How to write a divorce petition to the court you can read in this sample:

Download a sample of the application for divorce in court

Next, you must pay the court fee (state duty) and attach the original receipt of payment to the collected package of documents.

How much does divorce through the court in Ukraine in 2022?

The cost of dissolution of marriage includes a number of factors. If the process of dissolution of marriage takes place without the services of lawyers and attorneys, the cost of divorce include only the payment of the state duty for filing a lawsuit in court. The court fee is 40% of the living wage, thus at the beginning of 2021 state duty for filing a lawsuit for divorce is about 908.8 UAH.

In 2010, dissolution of marriage through the court cost 840.8 UAH, in 2019 – 768.4 UAH, and in 2018 – 704.8 UAH court fee, respectively;

Otherwise, to the price of the divorce is added the cost of services of lawyers and attorneys, as well as the notarization of the agreement on alimony.

It is worth remembering that since 2019, only lawyers can represent in court, i.e. lawyers do not have the status of a lawyer. Therefore, if you need a representative in court, it is a lawyer you are looking for.

How long does a divorce with children take?

The term of the procedure for dissolution of marriage with the mutual consent of the husband and wife is one month. During this period, the spouses have the right to withdraw their application. In the absence of consent of the second spouse to dissolve the marriage, the duration of the procedure of dissolution of marriage increases up to several months.

How to dissolve a marriage if there are minor children?

It is necessary to submit a joint statement to the court, as well as a written agreement on which of the parents will live with children after the dissolution of the marriage, and what kind of participation in the maintenance and upbringing will take the mother or father, who lives separately. In addition, this agreement may spell out additional obligations regarding not hindering the exercise of their parental rights and obligations with respect to the child.

According to (part 3 of art. 160 of the Family code of Ukraine) Children who have reached the age of 14 years have the right to independently determine their place of residence after the dissolution of the marriage.

What to do if the husband or wife is against the divorce?

In this case, part 1 of article 110 of the Family code provides for the possibility of dissolution of marriage relations at the initiative of one of the spouses. To do this, you must apply to the court with a statement of claim for divorce. The second of the spouses can not interfere with the dissolution of the marriage in court – only to delay the decision. In addition, the spouses are given a period of time for reconciliation, which also increases the time required for divorce.

Contractual agreement to pay alimony

Part 2 of Article 109 of the Family Code of Ukraine provides for the conclusion of a contract between the parents on payment and determination of the amount of child support, which necessarily must be notarized. In case of non-compliance with this agreement, the money from the debtor can be obtained through recovery of alimony through compulsory proceedings in court.

In accordance with subparagraph 4.15 of paragraph 4 of Chapter 5 of Section II of “Order of notarial actions of notaries of Ukraine” № 296/5, the terms of the agreement on the payment of child support must specify the amount, terms, and payment procedure and the basis for the target use of alimony.

Reasons for refusal of the court in divorce

The law establishes a ban on dissolution of marriage in Ukraine during pregnancy of the spouse, as well as within one year from the birth of a child. At the same time, there are a number of exceptions stipulated by parts 2, 3, 4 of article 110 of the “Family code of Ukraine”.

In which cases you can divorce a pregnant wife or in the presence of children under the age of 1 year:

  • the corpus delicti, i.e. unlawful conduct in relation to the second spouse is recorded;
  • Paternity of a child conceived or born is acknowledged by the other man.
  • The child’s birth certificate excludes information about the man as the child’s father;

Can I get a divorce during martial law?

Martial law is not a reason to refuse to dissolve a marriage in court, but there may be difficulties in filing a petition. Since the petition is filed with the court at the defendant’s place of residence or at the plaintiff’s choice, there may be a situation where the court is in the territory where the hostilities are taking place.

How do I get divorced if the court is in a combat zone?

According to the decision of the Supreme Court, the territorial jurisdiction of some courts has been changed, i.e. an application can be filed in another court, which has acquired the jurisdiction of judicial rights. All the latest information about the work of the courts or changes in their territorial jurisdiction can be seen on the site of the Judicial authority of Ukraine.

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