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Publication date: 06.05.2024
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A marriage can be terminated for various reasons and under various conditions, depending on the legislation and the circumstances of the specific situation. Here are some of the main reasons for ending a marriage:
1. Death of one of the spouses: A marriage can be terminated by the death of one of the spouses.
2. Dissolution of Marriage by Mutual Consent: Spouses can end their marriage by mutual consent through dissolution of marriage.
3. Dissolution of marriage by court order: A marriage can be dissolved by court order at the request of one of the spouses. This can be triggered by various reasons, such as unresolved disputes, non-compliance with the terms of the marriage contract, etc.
4. Dissolution of marriage by court order by mutual consent: Spouses can also file a joint petition for dissolution of marriage with the court and if the court accepts the petition, the marriage will be terminated.
5. Declaring one of the spouses dead: If one of the spouses is missing for a period of time, they can be declared dead, ending the marriage.
A spouse who does not have children has the right to submit an application for dissolution of marriage to the state registration body of acts of civil status. The procedure for divorce may differ depending on the laws of your country, but in most cases it involves a joint application or a unilateral application by one of the parties, and then going through the legal procedures.
If one of the spouses cannot file for divorce in person due to a valid reason, the other party can file on their behalf.This usually requires a notarized certificate or other legal form of documentation confirming permission to file on behalf of the other party. This procedure is done to ensure the right to file in cases where one party is physically unable to do so, but their intentions to dissolve the marriage are valid and duly confirmed.
A lawsuit for dissolution of marriage cannot be filed during the wife's pregnancy and during a certain period after the birth of the child. However, there are exceptions to this limitation, in particular, if one of the spouses has committed illegal behavior that contains the elements of a criminal offense against the other spouse or a child. In such cases, the time limit may be waived, and a divorce action may be filed regardless of the circumstances.
A person who has changed his surname in connection with the registration of a marriage has the right to be called by this surname or to restore his maiden surname after the dissolution of the marriage. According to Ukrainian legislation, after the dissolution of marriage, a person can apply to the state registry of civil status with an application for a surname change. In this case, she can restore her maiden name or choose another name as she wishes.
After a divorce and obtaining a Certificate of Divorce or a final court order, a person usually has the right to remarry. A certificate of dissolution of marriage is an official document that confirms the fact of the end of the marriage union.Ukrainian legislation allows persons who have dissolved a previous marriage to enter into a new marriage if they meet the requirements established for entering into a marriage.
According to the legislation of Ukraine, if a person who was declared dead or missing appeared, and the relevant court decision is annulled, his marriage with another person can be renewed at their request, provided that none of them is remarried .
Therefore, if a person who was declared dead or missing appeared and his marriage was dissolved because of this, he can apply to the civil registry office with an application for remarriage with his previous or new partner, if he also agrees with this.
How to find a court decision on divorce: the decision can be found in the Unified State Register of Court Decisions by case number or surname.
