Lawyer
Family law specialist. Deals with issues of divorce, alimony, division of property and adoption.
Dissolution of marriage at the registry office or through the court
Divorce —this is an important and often difficult step in the life of a couple.
The process of divorce in Ukraine can take place through the bodies of the DRATS or through the court, and the choice of procedure depends on the circumstances of each specific situation.
In this article, we will consider the main differences between a divorce through the DRATS and a court.

Divorce through DRATS (State Registration of Civil Status Acts) —it is a legal process of termination of marriage according to a simplified procedure, which takes place without the involvement of a court.
Usually, divorce through DRATS is possible by mutual consent of the spouses, if they do not have joint minor children. In this case, the couple submits an application to the DRATSS, and after the expiration of the one-month period (to prevent impulsive decisions), their marriage is dissolved.
Divorce through DRATS is a simplified procedure suitable for married couples who have made a mutual decision to divorce and do not have minor children from marriage
Advantages:
- Speed: The procedure usually takes less time than a trial.
- Simple procedure: Does not require filing a statement of claim and holding court proceedings meetings
- Lower costs: State fees for registering a divorce are usually lower than court fees.
It is possible to dissolve a marriage in the DRATS bodies under the following conditions:
- Joint consent of spouses: Both spouses must agree to divorce. If one of the spouses does not agree, it is necessary to go to court.
- Absence of minor children: If the spouses have minor children, divorce is possible only through the court. This applies to joint children, which include both biological and adopted children.
- Absence of property disputes: If there are disputes between spouses regarding the division of joint property, it is also necessary to go to court. In DRATSS, it is possible to dissolve a marriage only on the condition that both parties have reached an agreement on property issues.
Procedure:
- Spouses submit a joint application to the DRATSS.
- A month after filing the application, the marriage is considered dissolved, if neither party has withdrawn it.
Divorce through the court — this is a legal process during which marital relations between spouses are terminated. In contrast to dissolution of marriage through the RAC, the judicial procedure is used in cases where there are disputed issues that cannot be resolved administratively.
Also, when there are minor children from a marriage, dissolution through the RACC is impossible, only in court.
When you need to go to court:
- Presence of minor children: The court can additionally decide on the place of residence of the children, the amount of alimony and the order of communication with the child.
- One of the spouses does not agree to divorce: If one of the spouses does not want to divorce, the other can go to court with a lawsuit.
- Presence of property disputes: The court decides the issue of division of the joint property of the spouses.
Procedure:
- One of the parties submits a statement of claim to the court.
- The court considers the case and makes a decision.
- Required documents: In addition to the application, copies of the spouses’ passports, marriage certificate, documents confirming the presence of joint children (if any), and other documents that may be relevant to the case are submitted to the court.
- Content of the statement: The statement must contain clearly formulated demands of the claimant (that is, the one who files a claim), justification of these demands and references to evidence.
- Preparation for the court session: After the application is submitted, a court hearing is scheduled. The parties must prepare for it by gathering the necessary evidence and witnesses.
- Court: At the court session, the court listens to the parties, witnesses, experts and makes a decision.
- Appeal: If one of the parties does not agree with the decision of the court of first instance, it can file an appeal.
The choice of divorce method depends on the specific situation. If you and your partner agree to divorce, you do not have joint children and there are no property disputes, then the easiest and fastest way will be to apply to the DRATS.
In other cases, you will have to go to court.
If you need qualified legal support for divorce, contact the Law Firm “Prikhodko and Partners”.
Our team will ensure professional management of your case taking into account all legal nuances, minimize stressful moments and help protect your interests.
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