Publication date: 30.05.2024
lawyer, 23 years of experience in enforcement.
The procedure for terminating a marriage is enshrined in the Family Code.
Unfortunately, the conflict has destroyed not only buildings, but also many families in this country. This became especially noticeable in the context of the fact that many women were forced to leave the territory of Ukraine and settle abroad. In this regard, many married people worry about how to end their marriage if one of the spouses is not a part of Ukraine. Below, I intend to discuss potential solutions regarding the dissolution of marriages between citizens of Ukraine.
First, it is important to recognize that divorce does not automatically end marital property. This joint property is traditionally shared by both men and women, although it is subject to divorce, this property can be divided legally and judicially.
The Family Code of Ukraine stipulates that a marriage can be dissolved by the state registry of civil status acts (hereinafter - the registry office) upon a joint application of the spouses or by a court decision.
The easiest way to divorce a spouse is the presence of joint minor children. Then they can apply to the RAC.
The Family Code of Ukraine had regulations regarding the case when one of the spouses could not personally submit a divorce application to the RACC for good reasons, this was relevant during a long absence from home. In this case, a person who is not in Ukraine must provide a statement that has the same weight as the original document, this statement must be notarized and sent to the spouse who is in Ukraine. The latter, in turn, also creates an application on his own behalf, which is notarized and submitted together with the application for registration from abroad to the RACS body at the place of registration of the spouses.
If one of the spouses is unable to appear at the RACS body for valid reasons, this person can still file a divorce application or within a month can also write to the RACS asking whether it is possible to register the divorce in their absence. The signature of this person on the official notification must be notarized.
Thus, if you are traveling abroad and cannot visit the RACS body, it would be beneficial to create two documents at the same time: a statement of divorce and a notice of consent to registration of divorce in your absence, both of these documents must be notarized and sent to Ukraine to the other spouse. He or she will then contact the RACC authority. If documents are submitted in a foreign language, they must be translated into Ukrainian.
If neither of the spouses refuses the application for divorce in the month of January from the date of its submission, the RACS body subsequently conducts the state registration of the divorce and issues a certificate to that effect.
In addition, I would like to draw attention to the fact that if the spouses have joint children, but do not have joint minors, they can file an application for divorce through the consular or diplomatic institution of Ukraine in the country of residence, provided that at least one of the spouses has a permanent residence residence in the respective country. According to the laws of Ukraine, consular offices of Ukraine are also obliged to document the civil status of their citizens, namely the method of their separation.
In the absence of the joint will of the spouses regarding the dissolution of the marriage or the presence of joint minor children, marriage in Ukraine can only be concluded by court procedure.
If the spouses have children, both partners wish to dissolve the marriage, and if there are no children, then a joint application for dissolution of marriage must be submitted to the court for dissolution of marriage. When considering this option, it is also important to prepare a written agreement that describes the specifics of how the parents will share the children, how they will participate in providing for their living conditions, and how they will share responsibility for ensuring that the children are cared for. This agreement is necessary to participate in the legal process together with the joint statement of termination.
Given that one of the spouses will not be able to submit this application to the court on their own due to their stay outside of Ukraine, in this case, the application, which was previously signed by both spouses, can be sent to the court. by mail or, more importantly, a lawyer can help with filing documents with the court.
Participation in the court session is not mandatory, unless otherwise required by the court. Spouses can file a complaint with the court to consider the case without participating in the process. The question of whether all parties must participate in all sessions is decided by the judge individually and depends on the specifics of the case.
If you wish to participate in the proceedings but are unable to attend the court premises, in this case you can take advantage of modern technologies used to make the proceedings more efficient, including but not limited to video conferencing conducted using our own system communication For this, the participant in the case needs to plan in advance to apply to the court and register an electronic cabinet in the component of the Unified Judicial Information and Communication System "Electronic Court". In addition, the court cannot always hold a video conference. In this case, the lawyer can participate in the case, which involves court hearings and representation of your interests in the divorce process.
If a joint petition for divorce from the RAC or the court cannot be granted because one of the spouses has a petition, one of the spouses can file a complaint with the court. Any spouses can apply to the court, regardless of their distance, but only if their wife is not pregnant, and their joint child is already one year old. These conditions can be ignored only if one of the spouses commits illegal behavior that contains the ingredients of a criminal act against the other spouse or the child. Otherwise, the application with a description of the claim will be returned.
As a rule, it is necessary to apply to the court at the place of registration of the defendant, but it is also possible to choose the court at the registered place of residence or work of the plaintiff, if he has dependent children or teenagers, or if he cannot leave due to health or other valid reasons - place of registration of the defendant. By agreement of the spouses, the case can be considered at the registered place of residence or at the place of work.
If one of the spouses moves abroad, the procedure remains the same as in the case of a joint application for divorce: documents can be sent to the court by e-mail, through the "Electronic Court" system or with the help of a lawyer. . A similar problem arises with participation in the legal process. We recommend that you inform the court in advance about your foreign business trip and difficulties with access to the court premises, this will allow the court to consider your case without your participation or in the mode of a video conference with an authorized lawyer.
The law requires that a divorce decree take effect within 30 days of its issuance or within 30 days of receipt of the judgment by the party involved in the case. The court's decision on dissolution, after the court has entered into force, is forwarded to the office of the RAC at the place of the decision, which then issues a license for dissolution to the ex-spouse.
If both former spouses are divorced by the same decision of the Ukrainian court, they can register the divorce through the consulate or diplomatic institution of Ukraine in the country of residence.
Specialists of the Legal Service "Consultant" will help with the dissolution of marriage in a court order despite the fact that one of the spouses is not in the country, will provide advice on such issues as what is needed to file for divorce, how to obtain a court decision on divorce and other issues .
