Establishing a regime for separate residence of spouses

Establishing separate residence of spouses. Legal assistance

Marriage is not only a union of two hearts, but also a mutual understanding that sometimes requires the establishment of separate residence. Ukrainian law allows spouses to make such a choice, but it is associated with a specific procedure and conditions.

Separate residence is a legal regime that is a form of family relations organisation in which both spouses have their own places of residence and do not live together. This regime may have various legal consequences, which vary depending on the specific circumstances and legal norms of the country. Each spouse remains independent with respect to his or her rights and obligations arising from marital status despite living together. Property relations may be regulated by the laws of the country, and they may take into account the separate residence of the spouses.

In Ukraine, the regime of separate residence of spouses is regulated by the Civil Code of Ukraine and the Family Code of Ukraine. According to Article 60 of the Civil Code of Ukraine, spouses may live separately at their own discretion. The procedure for establishing a separate residence does not require any special registration or formalisation, but may be confirmed by a written application. Each spouse retains the rights and obligations defined by law, including family support, child custody and participation in decision-making regarding joint property. The law establishes obligations to support the family and joint financial relations, including joint property and financial support. Separate living arrangements may be terminated in accordance with the divorce or dissolution of marriage, as well as by mutual agreement of the parties.

Step-by-step procedure for providing legal support:

• Primary consultation.

• Preparation of documents together with the application. Passports, a marriage certificate, documents on property relations and an application for establishing a separate residence regime must be provided.

• Appeal to the bodies of state registration of acts of civil status with a corresponding application.

• Consideration of the case.

• Making a decision.

• Application for the establishment of a regime of separate residence of the spouses: This is an official document in which the spouses express their desire to live separately. The application can be made on the appropriate form, which can be obtained from the relevant registration authority.

In what cases can the service be provided?

Legal assistance can be provided in case of preparation of all necessary stages. Establishing the fact of separate residence of the spouses can be carried out if both spouses agree with this idea and submit an application to the relevant authority.

In what cases the service cannot be provided?

The service may be refused if the spouse does not meet the requirements of the law or the documents provided are not complete or sufficient.

How to do it yourself?

Spouses can independently apply to the registration authorities with the necessary documents and a completed application to establish the fact of separate residence of the spouses. What this procedure looks like:

• Preparation of necessary documents. Collect originals or copies of documents such as spouses' passports, marriage certificates and other property documents or certificates, if required by the conditions of your registration authority.

• Drawing up a statement of claim. Write a statement about establishing the regime of separate residence of spouses on the form provided by the registration authority. In the application, indicate your personal data, desired mode of residence and other necessary information. It is worth knowing that the court fee for filing an application is UAH 352.

• Contact the relevant body of state registration of acts of civil status. This can be the registry office in your place of residence or the registry office in your area.

• Waiting for a decision. If the application is accepted, you will be provided with the corresponding document "Information on establishing the regime of separate residence of spouses".

Frequently asked questions about the residence of spouses:

• Can one spouse establish a regime of separate residence without the consent of the other spouse? Actual separate residence of spouses in Ukraine, as in many other countries, without the consent of one of the spouses may be difficult or impossible. Usually, establishing a regime requires the consent of both parties.

• Under what conditions can the regime of separate residence of spouses be established? Both spouses must agree to establish a separate residence regime. This may be due to the desire of both people in the marriage.

• When does the regime of separate residence of spouses end? The mode can be terminated in various situations, usually depending on the circumstances. The main ones are marriage settlement, divorce or termination of relations, death of one of the spouses.

• What to do if one of the spouses violates the terms of the agreement regarding the regime of separate residence? In case of violation of the terms of the agreement regarding the regime of separate residence of the spouses, different scenarios are possible depending on the circumstances. Options for solving the problem: finding a compromise or negotiations, mediation, filing a complaint with the authorities, finding a lawyer and solving the problem in court.

• What steps must be taken to amend the cohabitation agreement, and how might this affect the rights and responsibilities of both parties? Both spouses must agree on any changes to the residence regime and include them in the agreement. Usually, changes to the agreement must be made in writing. This can be in the form of an additional agreement or an addition to the previous agreement on the separate residence of the spouses. Both spouses must sign new documents containing changes to the separate residence of the spouses. Depending on conditions and needs, documents may require legalization or notarization. It is important to keep copies of all documents that contain changes to the agreement for future reference. These changes may have an impact on the rights and obligations of both parties, so it is important to discuss all the details of the changes and their implications before signing them.

• What rights and obligations arise in relation to the custody and maintenance of joint children in the conditions of establishing the regime of separate residence of spouses in Ukraine? Both parents have equal custody rights over joint children, regardless of whether they live together or separately. Decisions regarding upbringing, education and medical care of children should be made mutually. They have an obligation to provide financial support for children. Rights and responsibilities regarding children can be regulated by court decisions or agreements between parents, which can determine visitation regimes, financial contributions and other aspects of relations with children.

• What legal procedures and documents are required to change the regime of residence of spouses in Ukraine from joint to separate and vice versa? Changing the regime of residence of spouses in Ukraine from joint to separate and vice versa may require some legal procedures and documents. First, it is necessary to reach an agreement with two members of the spouses regarding the change of residence regime. It is necessary to make an application for a change of residence regime, in which the reasons for the change and the desired new regime are indicated, and it is submitted to the relevant state authorities or the court. Consideration of the case by a competent authority or court. Under the condition of a positive decision, the regime of separate residence of spouses can be established.

What does the cost of the service depend on?

The cost of the change of residence regime service may depend on the complexity of the case, time and effort, qualification and experience of the lawyer or advocate. Often the price depends on the region.