Joint statement by the couple about the dissolution of the marriage

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Joint statement by the couple about the dissolution of the marriage

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A marriage can be dissolved both by a joint statement of the spouses and by the statement of one of them. This article will be devoted to the order of dissolution of marriage by joint application of spouses who have children.

The legislation of Ukraine provides for the procedure for dissolution of marriage by joint application of spouses who have minor children (hereinafter - Application for dissolution of marriage), exclusively through a court.

Before applying to the court with the relevant Application, it is necessary to establish the procedure for terminating such marital relations.

Yes, a spouse who has reached an agreement on the termination of the marriage and has minor children, and wants to protect himself from future misunderstandings that may arise after the dissolution of the marriage, has the right to submit to the court an Application for the dissolution of the marriage together with a written agreement on which of them children will live, what participation in ensuring their living conditions will be taken by the parent who will live separately, as well as about the conditions for exercising the right to personal upbringing of children (hereinafter - the Agreement). Together with this Agreement, the spouses can submit an Agreement on determining the amount of alimony for a child, which will determine the amount and terms of payment of alimony. Such an agreement is subject to notarization. If one of the parents does not fulfill his obligation under the contract, alimony can be collected in a compulsory manner on the basis of an executive inscription of a notary. That is, in case of non-payment of alimony established by the relevant contract, the debt collector is given the opportunity to collect funds from the debtor without going to court.

It should be noted that the place of residence of a child who has not reached the age of ten is determined by the consent of the parents, and the place of residence of a child who has reached the age of ten is determined by the joint consent of the parents and the child.

It is necessary to pay attention to the fact that the Agreement is a mandatory condition for applying to the court together with a joint application for divorce. The court determines whether the Application for Divorce corresponds to the valid will of the wife and husband, and whether their personal and property rights, as well as the rights of their children, will not be violated after the divorce.

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:

  • 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;
  • 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;
  • pay the court fee for filing an application to the court;
  • 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.

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