Unilateral dissolution of marriage

Every year in Ukraine, the statistics of broken marriages are steadily increasing, which indicates potential risks for future couples who are in a relationship.

In practice, it often happens that one of the parties does not give his consent to divorce, and the question arises of what to do in such life circumstances and how to dissolve the marriage. This shows the relevance of consideration of this topic for today.

And therefore, in this article, we will talk about unilateral divorce, while analyzing normative legal acts in the field of family law in Ukraine.

Is divorce possible without the consent of one of the spouses?

The Family Code of Ukraine stipulates that a spouse can dissolve a marriage in the bodies of the State Civil Registry Office only in the absence of joint children and mutual consent to divorce.

In all other cases, when the spouses have joint children and one of them opposes the dissolution of the marriage, then it is necessary to apply to the court with a statement of claim.

Such a statement must be made in accordance with the requirements of the Family and Civil Procedure Codes of Ukraine.

For example, a statement of claim must contain:

• the name of the court to which it is planned to be submitted;
• the content of the claims and the price of the claim. In cases of divorce, these may be reasons why the joint life of the spouses is impossible in the future;
• information about the plaintiff and the defendant - full name, contact information, place of residence, etc.;
• evidence by which the plaintiff substantiates his claims;
• indication of the circumstances that the plaintiff took measures for the purpose of pre-trial settlement of the dispute;
• evidence that the plaintiff did not file a lawsuit against the defendant with the same grounds and subject matter, etc.

What documents must also be submitted with the claim?

In addition to the statement of claim, the following documents must also be submitted to the court:

• the original of the marriage certificate;
• if the spouses have joint children - birth certificates of these children;
• certificate of payment of the court fee;
• an approximate (preliminary) list of the calculation of the amount of court costs that the plaintiff plans to incur in connection with the consideration of the case.

How long does it take to dissolve a marriage unilaterally?

According to the provisions of part 4 of article 109 of the Family Code of Ukraine, the court is obliged to give the spouses time for reconciliation, since only one month after the filing of the claim, he has the right to dissolve the marriage.

Thus, during this period, the spouses may change their minds to divorce and reconcile with each other.

However, as practice shows, a fairly small percentage of married couples go to reconciliation, so you need to be prepared for the fact that the court will still make the final decision on the case and separate citizens.

Do spouses have the same rights during a divorce?

Thus, upon dissolution of marriage, the rights of the spouses are equal, as stated in the normative legal acts of Ukraine. And that's why the court dissolves the marriage on equal terms.

Do you want to end your marriage unilaterally?

In such a situation, you cannot do without the help of professional lawyers - the Prikhodko and Partners law firm.

Our team has not only many years of experience in the field of family law but also perfectly understands its legal subtleties, which in turn allows us to provide our clients with only high-quality assistance.

Do not delay and come to us for a consultation!