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:

1. 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.
2. 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.
3. 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.
4. 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

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.