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Family law Establishing the fact of family relationships to receive compensation in connection with the death of a serviceman

Sulyk Roman

Head of family law practice

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sulyk@prikhodko.com.ua

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An attorney with extensive experience specializing in complex family disputes. As Head of Practice, he combines deep legal expertise with a personalized approach to every client. He ensures strategic protection of family interests and delivers impeccable results in the most challenging cases.

Establishing the fact of family relationships to receive compensation in connection with the death of a serviceman

In conditions of martial law, when Ukrainians lose their relatives at the front every day, an important and extremely delicate issue arises – receiving legal monetary compensation from the state in the event of the death of a serviceman.

Often, the processing of such payments is complicated by the lack of documents confirming family ties to the deceased.

In such cases, the solution is to have the family relationship established in court.

What is the establishment of family ties?

This is a legal procedure that allows for the official confirmation of the existence of a family or kinship relationship between the applicant and the deceased serviceman.

This need arises if:

documents are lost, destroyed or inaccessible (in particular due to occupation or hostilities);
the data in the registers is incomplete or contains errors;
there are no official certificates (for example, in the case of birth during the Soviet period or abroad).

Who has the right to submit an application?

Persons who claim to receive financial assistance in connection with the death of a military member may submit an application to establish the fact of family relationships.

Most often this is:

parents of the deceased;
wife or husband (including in the case of an unregistered marriage);
children (including adopted children).

Legal basis

The procedure is regulated by the Civil Procedure Code of Ukraine, in particular Articles 293–315. According to the legislation, the establishment of legal facts is carried out in a separate proceeding, provided that there is no dispute about the law.

The legal basis is also provided by regulatory acts that regulate the procedure for payments to relatives of deceased military personnel.

When is it necessary to go to court?

It is advisable to consider the case through the court in the following cases:

there are errors in the documents (different surnames, incorrect date of birth, etc.);
in social and veteran policy bodies, applications are rejected due to lack of confirmation of family ties;
The marriage was not officially registered, but the couple continued to live together (the so-called “de facto marital relationship”).

IMPORTANTLY: Case law confirms that even in the absence of a marriage certificate, the applicant can confirm the “fact of cohabitation as one family without marriage registration,” which is an effective mechanism for restoring rights and interests.

What documents are needed?

The following must be added to the application:

copies of the applicant’s passport and TIN;
certificates (birth, death, marriage – if available);
military documents of the deceased;
any evidence of family relationships (photos, correspondence, archive extracts, certificates, testimonies from neighbors or relatives).

If necessary, the court may order a genetic examination, which is especially relevant for establishing paternity/maternity.

It will also be useful: Establishing the fact of family ties through the court

Judicial procedure

The application is filed with the district court at the applicant’s place of residence.
The case is considered in an abbreviated manner (usually one session).
The court decision becomes effective after 30 days.
This decision is the basis for processing compensation and other social payments.

The court is not obliged to search for documents on its own.— the burden of proof lies with the applicant. Therefore it is better to prepare in advance the most complete package of materials.

What does establishing family ties bring?

The court decision opens access to:

one-time cash assistance;
pensions in case of loss of breadwinner;
benefits provided for by law (for example, priority housing or medical care).

What to pay attention to?

Avoiding delays: the earlier you file your application, the faster you can receive compensation.
Preparation of evidence: don’t limit yourself to official certificates – letters, photos, witnesses have legal force.
Correct goal formulation: clearly state in the application that establishing the fact is necessary to obtain monetary compensation.

Result

Establishing the fact of family relationships — not a formality, but an effective tool for protecting the rights of relatives of fallen soldiers. In many cases, this is the only way to realize the right to state payments.