Establishing a regime for separate residence of spouses

Establishing separate residence of spouses

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.

Procedure for providing legal support when establishing separate residence

The process of providing legal support in resolving issues of separate residence of spouses consists of several important stages that ensure correct registration and compliance with legislative requirements:

• 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.

Completing all stages of this process is important for achieving a successful result. Registration of documents, filing an application and subsequent application to the registration authorities are necessary steps to achieve the desired result.

In what cases can the service of establishing separate residence of a husband and wife be provided?

The service can be provided in cases where the spouses wish to regulate the legal status of their relationship without dissolving the marriage, for example, due to prolonged living apart, conflicts that make living together impossible, or to resolve issues of property division or custody of children.

In what cases cannot the service of establishing separate residence be provided?

The service cannot be provided in cases where there is no officially registered marriage between the spouses, or if such a requirement contradicts the law, for example, in the absence of good reasons for separate residence. It is also impossible if the parties have already filed a lawsuit for divorce or resolved the issue of residence in another way.

How to independently establish the fact of separate residence of spouses?

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. 

This procedure looks like this:

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".

Following all stages and properly prepared documents allows you to successfully complete the process without outside assistance. However, if complications arise, it is worth contacting specialists for additional advice.

Key tips when applying for separate residence

Checking documents: Carefully check all documents for correctness and completeness before submitting.

Timely submission of the application: To avoid delays, submit the application on time, following all procedures.

Legal advice: If you have any doubts about the correctness of the submitted documents, seek advice from a lawyer.

Frequently asked questions about the residence of spouses

What does the cost of the service of establishing separate residence of spouses depend on?

The cost of the service of establishing the separation of spouses depends on the complexity of the case, the amount of evidence required, such as documents or testimonies, and the presence of disputes between the parties. The cost is also affected by the qualifications of the lawyer who accompanies the process, court fees, and the level of the court where the case is heard.