✔ Full legal support of the “turnkey” process without your participation
✔ Solving problems associated with divorce: division of spouses’ property, determination of the child’s place of residence, deprivation / restoration of parental rights, recovery of alimony;
⦁ Extrajudicial divorce (registry office)
⦁ Judicial divorce
⦁ Divorce between a citizen of Ukraine and a foreigner
⦁ Divorce of spouses with common minor children
⦁ Divorce involving one of the spouses
⦁ Annulment of marriage
⦁ Recognition of marriage as fictitious
⦁ Reconciliation of spouses and annulment of divorce proceedings
Divorce is usually a stressful and complicated legal process. In most cases, the decision to divorce is taken at the height of the conflict between the spouses, and therefore the process of divorce is complicated by the intense emotional state and lack of understanding between the spouses. In addition, during the procedure, you can stumble with a number of questions:
Where to file a divorce, court or registry office?
The marriage is dissolved by the registry offices if:
- both spouses agree to divorce;
- spouses do not have joint minor children;
- your spouse is missing;
- your spouse is legally incompetent.
Marriage is terminated by the court if you:
- have minor children;
- there is no mutual consent to divorce (regardless of the presence of joint minor children).
What documents are needed to divorce at the registry office?
- joint declaration of divorce;
- passports of each spouse;
- marriage certificate.
What documents are needed to get a divorce in court?
- passports of spouses;
- Marriage certificate;
- birth certificate of each of the common children;
- documents confirming the fact of adoption;
- certificate of family composition;
- court fee receipt.
Marriage cannot be dissolved during pregnancy and for one year after the birth of the baby. The exceptions will be:
– when one spouse has committed a criminal offense against the other spouse or child;
– if the paternity of a conceived child is recognized by another person;
– if paternity in respect of a child under one year of age is recognized by another person or, by a court decision, information about the husband as the father of the child is excluded from the birth record of the child.
Which court to apply to?
The lawsuit must be filed with the court at the place of residence of the defendant. If for health reasons you cannot reach the defendant’s place of residence or you have minor children living with you, you can go to a court located near your home. By agreement of the spouses, the case may be considered at the registered place of residence or stay of any of them. If the defendant’s place of residence is unknown, the claim can be brought at the location of the property of such a person, or at the last known place of work.
How to divorce a foreigner?
Citizens of Ukraine who have married a foreigner can terminate it in Ukraine and in accordance with the laws of Ukraine.
In this case, the divorce occurs in a judicial proceeding at the joint application of the spouses or at the suit of one of the spouses. If the place of registration or residence of the defendant is unknown, the claim can be filed at the location of the property of the defendant or at the last known place of residence or stay or place of work. If such a last location is not known, the court will search for a foreigner, and if the location is not found, the case will take place without his presence.
What are the grounds for invalidating a marriage:
– a marriage registered with a person who is simultaneously in another registered marriage;
– marriage registered between persons who are relatives of a direct line of kinship, as well as between siblings;
– if the marriage is between the adoptive parent and the child adopted by him without receiving court permission in the established manner
– the marriage is registered with a person who did not realize the significance of their actions or could not lead them;
– marriage registered with a person recognized by the court as legally incompetent;
– the marriage is registered without the voluntary consent of the spouses. Involuntarily, it means with the help of violence, a threat to use physical or mental violence, when a person did not understand the significance of their actions due to temporary health disorder, temporary illness, state of alcohol or drug intoxication.
– failure to reach marriage age
– concealment of a serious illness, as well as a disease dangerous to the other spouse or their descendants during marriage
– in case of fictitious marriage.
What is fictitious marriage?
Fictitious marriage is a marriage concluded without an intention to establish a family, usually with the aim of obtaining certain benefits, for example, obtaining citizenship, inheritance, preferential housing, etc. Moreover, such a marriage has external signs of a legal marriage, there is the will of the spouses, registration in the registry office.
How to declare a marriage invalid?
A marriage can be declared null and void by court order.
In a non-judicial manner, the state registration of acts of civil status shall annul an act of marriage on application in the event of:
– if the marriage is registered with a person who is simultaneously in another registered marriage;
– if the marriage is registered between persons who are relatives of a direct line of kinship, as well as between siblings;
– the marriage is registered with a person who did not realize the significance of their actions or could not lead them.
In all other cases, a marriage must be declared invalid by a court decision. To do this, you need to collect all the necessary evidence, prepare a statement of claim and submit it to the court. As a result of the consideration of the case, the court shall render a decision by which it recognizes or does not recognize the marriage invalid.
To minimize stress and loss, it is advisable to seek the legal support of a professional lawyer who can save your nerves, money and time, find a way out of the most difficult situations, without bringing conflicts to critical point.
Lawyers of Prikhodko & Partners Law Firm will provide full legal support to Ukrainian citizens and foreigners in divorce proceedings, including negotiations,
drawing up agreements on the division of property, determining the place of residence of children, establishing procedures for communication with children, will provide advice on the collection of alimony and will help to resolve conflicts related to divorce, including by mediation.
⦁ Full turnkey case support
⦁ Litigation without your presence in court
⦁ Obtaining a decision within 1-3 months.
How we are working
⦁ You apply;
⦁ We call you and analyze the circumstances of your case;
⦁ We collect evidence and necessary documents;
⦁ We file an application for divorce;
⦁ We provide full representation in court and relevant government bodies;
⦁ We submit requests, complaints and other procedural documents necessary during the consideration of the case;
⦁ We receive and send you the decision to divorce.