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The procedure for dissolving a marriage in Ukraine can be carried out by the initiator of the divorce applying to the civil registry office (ZAGS) or to a court. In the latter case, it is necessary to file a lawsuit, details of which you can view here: Claim for divorce.
According to the norms of the Family Code, both the filing of a joint application by spouses who have mutually decided to divorce and a petition submitted by one of them are permitted.
- disputes between spouses
- disputes related to children
- alimony recovery
- other types of disputes
Registering a divorce through the civil registry (ZAGS)
A relatively simple procedure enabling divorce to be completed quickly can be used in cases when:
- the spouses have jointly decided to initiate the divorce process;
- there are no minor children in the family;
- the wife is not pregnant at the time of filing the application.
A marriage can be dissolved without going to court only if both spouses are fundamentally in agreement. For this they must prepare a joint application by filling out the prescribed form.
In addition, the divorce process can be carried out through the registry if one of the spouses has been declared legally incapable or missing. In that case, before filing for divorce the initiator of the official termination of the marital relationship must obtain a copy of the relevant court decision.
Where should the application be filed if a mutual decision to dissolve the marriage has been made? The spouses should apply to the state civil status registration authority (ZAGS) located at the place of registration (residence) of the husband or wife. For the divorce it is sufficient to have the marriage certificate and the passports.
The joint application consists of two parts, each filled in personally by one of the spouses and confirming his/her consent to terminate the marriage. The registry employee will announce the date on which the divorce registration is scheduled. According to Ukrainian legislation, at least 30 days must pass from the initiation of the procedure to the actual divorce. During this period the application may be withdrawn, which has no legal consequences.
In cases where one of the spouses cannot appear at the registry due to certain circumstances, a valid reason must be indicated, supported by documentation. The law provides the following sequence when applying:
- The party whose absence is recognized as valid receives the application form in advance and then fills out their part.
- The signature of the applicant applying to ZAGS remotely is notarized.
- The other party submits the document to the state authority and fills out their part of the joint application.
Divorce through the court
If spouses wishing to officially terminate their marriage have minor children, the marriage may be dissolved in court in accordance with the law. If they mutually decide to divorce, husband and wife must file a joint application with the court indicating the reasons that led to this action.
Documents for divorce:
- marriage certificate;
- copies of birth certificates of all common minor children;
- passports of both spouses.
Dissolution of marriage by mutual consent when there are minor children in the family is possible only after providing an agreement on their future upbringing and support.
How to draft a claim for divorce in court?
In cases where one of the spouses is opposed to the divorce, the other party may initiate proceedings without their consent. In such a situation we recommend using the services of our company’s experienced lawyers, who not only know how to write a claim but are also ready to assist in preparing the necessary documentation. We will provide the form and a sample claim. In addition, divorce proceedings in court may involve the division of property as well as determining the child’s future place of residence. You can learn about the nuances of divorce through the court by following the link: Divorce in court.
Cost of divorce through the court in Ukraine
As of 2018, the court fee for divorce amounts to 704.8 UAH. For example, using last year’s prices, filing the application at that time cost citizens of Ukraine 640 hryvnias. In addition, a separate fee is provided when filing a claim for the division of joint property, which equals 1% of the total amount. The divorce procedure may also involve additional expenses related, for example, to obtaining evidence, primarily the retrieval of copies of certain documents. Our family lawyers are ready to advise you on these and other issues, estimating the anticipated expenses in advance./p>
Nuances of divorce
If necessary, we will help our clients prepare an application for establishing a separate residence regime. This procedure is not aimed at depriving rights or duties regulated by the articles of the Family Code, but implies the following advantages:
- From the moment the separate residence regime comes into effect, any property acquired by one of the spouses cannot be considered joint and therefore will not be divided upon divorce.
- By law, the husband is not recognized as the father of a child born after 10 months.
With the help of our company’s specialists, your divorce process will be as quick and painless as possible.