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Publication date: 03.04.2024
As practice shows, not always married couples can save their feelings, so they come to the conclusion to break off the relationship and divorce in order to terminate any rights and obligations as husband and wife.
In this case, the question arises, how to dissolve a marriage ? There are two options for divorce:
- dissolution of marriage by the court;
- dissolution of marriage by the DRATSS body.
Which option should be chosen in each specific case depends on whether the spouses have minor children, and whether the other party agrees to terminate the marriage voluntarily.
Yes, if a husband and wife do not have children, but have decided to divorce, they can together personally submit an application to the DRATS body for the dissolution of their marriage. In the event that one of the spouses for some reason cannot personally submit this application, he can prepare a notarized application in advance, which the other spouse will then submit to the DRATS body for divorce.
There are cases when the DRATSS body can dissolve a marriage at the request of one of the spouses. This is when the other spouse is missing or incapacitated.
One month after the submission of the application, the state registry of civil status acts dissolves the marriage between the persons who submitted the application.
In the event that the spouses have minor or minor children, it will not be possible to dissolve the marriage otherwise than through the court. In this case, one of the spouses has the opportunity to apply to the court with a claim for divorce, after which the process of divorce through the court will begin.
It is worth noting that the court will not accept a lawsuit for divorce if it is filed during the period when the wife is pregnant (except for the case when another person recognized the paternity of the unborn child), as well as within 1 year after the birth of the joint child of the spouses (except for the case when another person has recognized the paternity of the child, or information about the father is no longer indicated in the child's birth certificate, that is, excluded from the act record).
These cases also do not apply if the husband or wife has committed actions that contain signs of a criminal offense against each other or against a child.
Having accepted the application for dissolution of marriage for consideration, the court takes measures to reconcile the parties. How does it happen in practice? First, the divorce court finds out the opinion of each of the spouses regarding the divorce, whether they really want it. Secondly, if one of the spouses wishes, the court, in accordance with the provisions of Clause 4, Part 1, Article 251 of the Civil Procedure Code of Ukraine, stops the proceedings and gives the spouses a period during which the parties can reconcile. This period cannot exceed 6 months. If the parties have not reconciled after 6 months, the court must dissolve the marriage between them by decision.
In the event that the marriage is dissolved by the DRATSS body, each of the spouses will be issued a certificate certifying the dissolution of the marriage, while the relevant data on its dissolution shall be added to the information about the marriage.
If the marriage is dissolved by the court, then on the basis of the court decision, which has entered into legal force, the DRATS authorities enter the relevant information about the dissolution of the marriage into the information on the marriage, however, in this case, the certificate of dissolution of the marriage is not issued, but a document certifying that the marriage between the spouses is really broken, there is a court decision that has entered into force.
The cost of divorce through the bodies of the DRATS will, of course, be lower. In the event of a divorce through DRATS, only the state duty in the amount of UAH 8.5 is payable. Divorce through court requires the payment of a court fee, and the cost of a lawyer's services during a divorce must be taken into account separately.
