Marriage can be terminated by a joint statement of the spouses and by the statement of one of them. This article will be devoted precisely to the procedure for divorcing a joint statement of spouses with children.
The legislation of Ukraine provides for a procedure for the dissolution of a marriage upon the joint application of spouses with minor children (hereinafter referred to as the Statement on Divorce), exclusively through the court.
Before applying to the court, it becomes necessary to establish a procedure for terminating such marital relations.
So, the spouse, has reached an agreement on the termination of marriage and has minor children, and wants to protect themselves from future misunderstandings that may arise after the dissolution of the marriage, has the right to file a petition with the court about the dissolution of the marriage, along with a written agreement about which live children, what participation in ensuring their living conditions will be the one of the parents who will live separately, as well as the conditions for the exercise of the right to personal upbringing of children (hereinafter – the Treaty). Together with this Agreement, spouses may submit an Agreement on the determination of the amount of child support for the child, which will determine the amount and timing of payment of maintenance. Such a contract is subject to notarization. If one of the parents does not fulfill his duty under the contract, alimony may be collected by force on the basis of the notary’s executive order. That is, in the case of non-payment of alimony established by the relevant agreement, the recoverer is given the opportunity to recover funds from the debtor without going to court.
It should be noted that the place of residence of a child who has not reached ten years of age is determined by agreement of the parents, and the place of residence of a child who has reached ten years of age is determined by the general agreement of the parents and the child himself.
It is necessary to pay attention to the fact that the Agreement is an indispensable condition for applying to the court together with a joint statement about the dissolution of the marriage. Whether the court establishes a declaration of divorce to the actual will of the wife and husband, and after the dissolution of the marriage their personal and property rights, as well as the rights of their children, will not be violated. The court leaves the motion to dissolve the marriage without such an agreement and gives the spouses time to remedy the deficiencies, confirmed, for example, by decisions of the Shevchenko district court of Kiev in case No. 761/31141/17 of 07.09.2017 and the Podolsky district court of Kiev in No.758 / 15523/17 of 07.09.2017, to which the court left without motion the applications for divorce because they were filed in violation of Part 1 requirements. st. 109 of the UK Ukraine (presented without the aforementioned Treaty).
According to the provisions of the Civil Procedure Code of Ukraine, divorce cases at the request of spouses with children are considered in a special procedure. What does it mean? Special features of the judicial procedure in special procedure are that the court does not clarify the reasons for divorce, does not take measures to reconcile the spouses, but the court must check that the terms of the Agreement comply with the interests of the child, and also make sure that the conditions of the Agreement do not violate the principle of equality of parents baby
Taking into account the requirements of the provisions of civil and family law, it can be argued that the application for dissolution of marriage should indicate the date and place of registration of marriage, the reasons for the dissolution of marriage and the presence of minor children from such marriage.
So, for the treatment of the joint statement of the spouses about the dissolution of the marriage is necessary:
1) to conclude an agreement on determining the child’s place of residence, the participation of each of the parents in ensuring the living conditions of the child, the procedure for the exercise by the parents of the right to personal education of the child;
2) to draw up a statement about the dissolution of marriage by mutual consent of spouses with minor children, in compliance with the requirements of civil law;
3) pay the court fee for filing an application to the court;
4) together submit an application directly to the court for its consideration, or send by mail to the court.
It is also worth noting that the court decides on the dissolution of the marriage after one month from the date of filing the application. Before the expiration of this period, the wife and husband have the right to withdraw the application for divorce.