Publication date: 14.04.2024
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If you want to dissolve a marriage during wartime, the procedure remains much the same as during peacetime. The main ways to dissolve a marriage are dissolution by mutual consent (nuptial agreement) or through court proceedings.
Divorce by mutual consent: If you and your partner agree to divorce, you can enter into a prenuptial agreement. This is a document that you both sign, agreeing to the dissolution of the marriage and the division of property, as well as determining the terms of the relationship with the children (if any). A marriage agreement requires notarization.
Court process, divorce process: If your partner does not agree to the divorce or cannot be found, you may have to go to court. In court, you present your reasons for divorce, and the court decides on the division of property and the terms of the relationship with the children.
Thus, according to the Family Code of Ukraine, a marriage can be dissolved for various reasons, in particular:
Death of one of the spouses or declaration of his death: If one of the spouses died or was declared dead by the authorities, the marriage is considered terminated.
Upon a joint application of the spouses to the State Registry of Civil Status: If both spouses agree to dissolve the marriage and there are no minor children and there is a dispute between them regarding the dissolution of the marriage, they can apply to the State Registry of Civil Status (SRS) with a joint application.
According to the application of one of the spouses to the authorities of the DRATS: If one of the spouses is considered missing or has been recognized by the court as incapable, or other circumstances are stipulated by law, then the other spouse can apply to the DRATS authorities with an application for divorce.
On the basis of a court decision: If there is a dispute between the spouses regarding the dissolution of the marriage, either spouse can apply to the court with a legal statement for the dissolution of the marriage. The court decides this issue on the basis of the presented evidence and the circumstances of the case.
In each of these cases, the requirements of the law and the procedures established for the dissolution of marriage must be followed.
Divorce through a court in Ukraine is one of the ways to end a marital relationship and takes place through a civil court process. The procedure for dissolving a marriage, here are the main steps of the divorce procedure through the court:
Filing a lawsuit: One of the spouses who wants to dissolve the marriage files a lawsuit in the local civil court. The statement of claim usually states the reason for divorce and the arguments supporting this reason.
Announcement of procedural actions: After filing a lawsuit, the court issues an announcement of procedural actions, which determines the time and place of hearing the case.
Consideration of the case: The court considers the divorce case, taking into account all the presented evidence and arguments of both sides.
Making a decision: After considering the case, the court makes a decision on divorce. In the event that the court determines that all the conditions for divorce meet the requirements of the law, it issues an appropriate decision.
In the divorce process through the court, various issues may arise, such as the division of property, alimony (if there are children), and other issues that may affect both family members. Therefore, it is better to seek help from a qualified lawyer.
