The divorce between spouses has always been a serious decision for every married couple, as it entails a number of legal consequences such as the distribution of jointly acquired property, the decision of who will live with the children and how alimony will be paid, etc.
That is why divorce requires legal knowledge to solve all the related problems that will arise during its implementation. This shows the relevance of this topic for today.
In this article, we will consider all legal aspects related to the procedure for divorce in accordance with the current legislation of Ukraine.
What are the ways to dissolve a marriage?
The legislative provisions of the SCU provide for the following types of divorce, namely:
- the legal dissolution of marriage;
- dissolution of marriage through the RACS authorities.
Thus, today there are 2 possible legal options for ending a marriage.
What are the grounds for divorce?
According to the norms of the Ukrainian Civil Code, a marriage between spouses can be terminated in the following cases:
- as a result of the death of one of the spouses or his declaration as deceased;
- by terminating it (the application can be submitted either by one of the spouses or jointly);
- one of the spouses is recognized by the court as missing;
- one of the spouses is recognized by the court as incapable;
- recognition of the marriage as fictitious.
When applying to the court, should the application be submitted jointly by the spouses, or can each be separate?
To answer this question, it is necessary to analyze the provisions of the SCU. From their analysis, it can be seen that the dissolution of marriage upon the application of one of the spouses and the dissolution of marriage upon the joint application of the spouses have different procedural consequences.
In practice, this means that if one of the spouses applies to the court with a claim for divorce, then in most cases there is a dispute between them regarding the divorce itself (perhaps the other party does not want to divorce at all, etc.), the division of jointly acquired property, as well as the determination alimony obligations.
If the spouses file an application for divorce jointly, then the divorce process proceeds very quickly, since they show the court their intentions for such a divorce, and also voluntarily come to an agreement regarding the division of property or child support.
Thus, the filing of a joint application by spouses significantly accelerates the dissolution of marriage for citizens.
What documents are needed for divorce?
If the dissolution of the marriage will take place through the bodies of the RACS, the persons must submit the following documents:
- a statement in which to indicate your intention to dissolve the marriage (you can fill out the appropriate forms located directly in the RACS bodies);
- marriage certificate;
- if the marriage is dissolved at the request of one of the spouses, it is also necessary to provide a copy of the court decision stating that the other spouse is considered to be absent or completely incapacitated.
If the divorce is carried out through judicial authorities, the list of documents will be as follows:
- a claim for divorce;
- if the spouses have children during the marriage – copies of their birth certificates ;
- the original marriage certificate is required, as a copy will not be accepted in court;
- passport of a citizen of Ukraine and RNOCPP.
On the basis of all these documents, the RACS bodies and the court make a decision on divorce.
Where possible get a divorce certificate?
To obtain such a document on the dissolution of marriage both by personally applying to the RATS authorities with a corresponding application, and remotely through “Diya “. In order to get a divorce certificate through “Dia ” you need to be registered in the application and fill out the appropriate online termination statement from marriage. Except for this, the appendix also provides the possibility of selection as such a document is better to get – or in the near future branch of the RACS, or in the branch Ukrposhty.
Which terms of divorce?
If the spouses are divorced through the authorities of the RACS, then the term of consideration of the application is 1 month, which is counted from the moment of its submission. It can also be extended up to one year if one of the spouses submits a corresponding application and indicates the relevant reasons for this.
If the spouses divorce through the courts, the deadline for considering the application is not clearly established by law. However, it is clear from the provisions of the Code of Civil Procedure that such a term should be reasonable.
A reasonable period of consideration of the case should also be considered as the period during which the court can carry out a thorough examination of the evidence, listen to the testimony of witnesses and the defendant’s objection to the filing of a statement of claim, etc.
If you are planning to dissolve your marriage and do not know all the legal details of this case, then in this case you need advice from experienced lawyers – the Prikhodko and Partners law firm.
Our team specializes in family law and therefore understands all the issues of these cases in practice. In addition, we apply an individual approach to each client, which allows us to achieve the best result for each of the parties. Get in touch!