About acts of civil status in case of divorce

Об актах гражданского состояния при разводе

Family lawyer in Ukraine
Skryabin Alexey Nikolaevich
Skryabin Alexey Nikolaevich
Doctor of Law
Hello! In this article I will tell you about acts of civil status during a divorce.

About acts of civil status in case of divorce in Ukraine

The Law of Ukraine dated 01.07.2010 No. 2398-VI “On State Registration of Civil Status Acts” is the main law regulating the state registration of civil status acts. It is his position that should be guided by when resolving issues related to the legal registration of marriage and divorce.

This law includes the grounds for initiating the divorce process. The specified list is exhaustive, that is, other grounds cannot be an official reason for divorce.

In addition, the law contains:

  • a list of required documents for each of the grounds;
  • a list of information that must be included in the application for divorce.

The aforementioned Law regulates the content of the registration record, as well as the certificate, which is mandatory issued to spouses who divorced by common consent in the registry office. Another important provision of this law is the procedure for changing the surname after a divorce.

Also, the Family Code of Ukraine regulates the state registration of acts of civil status, as well as directly the dissolution of marriage.

State registration of divorce in Ukraine

It is the dissolution of marriage that is nothing more than an act of civil status, that is, an action of citizens that entails the termination of some and the emergence of other rights and obligations. Part 2 of Article 2 of the Law of Ukraine “On State Registration of Civil Status Acts” dated 07/01/2010 No. 2398-VI- (hereinafter LZ No. 2398-VI) states that any act of civil status is subject to registration conducted by the civil status registration authority (hereinafter referred to as the authority of the DRACS). This happens by drawing up a special record, as well as issuing a specific document on its basis – a certificate (part 2 of article 9 of the Law of Ukraine No. 2398-VI).

  • State registration of a divorce is regulated by Article 15 of the Law of Ukraine No. 2398-VI.
  • State registration of divorce is carried out by the relevant body of state registration of acts of civil status in cases established by law.
  • State registration of dissolution of marriage of spouses who do not have children is carried out by the relevant body of state registration of acts of civil status at the place of residence of the spouses or one of them at their request. If one of the spouses, for a valid reason, cannot personally file an application for divorce, such an application, certified by a notary or equivalent to a notarized one, can be submitted on his behalf by the second spouse.
  • State registration of divorce is carried out after one month from the date of submission of the relevant application, if it has not been withdrawn.

Registration of divorce is carried out by the DRAC body:

  • at the place of registration of marriage;
  • at the place of residence of the spouses;
  • at the place of residence of one of the spouses.

This rule is regulated by article 15 of the Law of Ukraine No. 2398-VI.

Each of the grounds listed above has its own registration procedure.

The first is the procedure for registration when spouses jointly apply for the dissolution of their marriage (if they do not have common children who have not reached the age of majority).

The joint application of the spouses shall be submitted personally either in writing or in the form of an electronic document.

  1. Such an application is sent directly to the registry office.
  2. It is also possible to send it through the web portal “Appeal in the field of state registration of acts of civil status”

Such a statement must contain the consent of the two spouses to divorce, as well as confirmation that they do not have common children who have not reached the age of eighteen.

In addition, the application must contain the following information:

  • Full name of each man, as well as the date and place of their birth, place of residence, as well as citizenship;
  • nationality;
  • details of the civil status record on marriage registration;
  • those surnames that ex-spouses choose after a divorce;
  • details of those documents proving their identity (passport);
  • handwritten signature of each of the divorcing spouses, and in addition, the date of preparation of such a document.

Civil Registry Office in Ukraine: Divorce Registration

Example

The Leontievs filed a general statement with the DRACS body, in which they indicated their intention to dissolve the marriage. This statement indicated that they did not have children in common. In addition, they provided documents confirming their identity, as well as a certificate confirming the registration of marriage. After verifying the correctness of the application, it was accepted for consideration. One month later, Leontiev’s marriage was broken off, about which a corresponding act record was drawn up.

In addition, the former wives of the Leontievs were issued an appropriate certificate of divorce registration (for each of them) in the DRACS body. After that, the Leontiev marriage was officially annulled.

If one of the spouses is unable to appear at the registry office to file an application, his consent to divorce must be issued in a separate application, and the signature under it must be notarized.

The marriage is terminated a month after the appeal, always in the presence of at least one of the former spouses, upon presentation of a marriage certificate (it is returned with a divorce mark).

The procedure for filing an application for a divorce of spouses has some differences from the above procedure. First of all, the peculiarity lies in the obligatory fulfillment of one of the following grounds:

  • a man has been declared missing (deceased) by a court order;
  • The man was declared incompetent by the court.

In this case, the application is submitted by one of the spouses and such an application must contain all the same provisions that are listed in the order of divorce with the consent of the spouses, but with some changes. Additionally, information about:

  • common children, their number (if any);
  • the basis specified in the law for such a dissolution of marriage (court decision);
  • depending on the grounds, indicate the place of residence of the guardian (if the man is incapacitated), the manager of the property of the missing person (in case the spouses are recognized as missing).

In addition to the application, it is necessary to present an appropriate court decision confirming the basis on which such an application is submitted. In addition, the DRACS body must, within three days, notify the guardian or property manager of the divorce.

The last of the procedures for registering a divorce is a divorce by a court decision. The only difference is that in addition to the application (both written and oral), a court decision on divorce is submitted. This rule is enshrined in article 115 of the Law of Ukraine No. 2398-VI.

State registration of divorce depends on the grounds on which such a marriage is dissolved. Each of the bases has its own order, albeit similar, but with its own characteristics.

The content of the civil status record on the dissolution of marriage in Ukraine

General rules on the records of any act of civil status (as well as records of divorce) are enshrined in Article 2 of Law No. 2398-VI. In order for such a record to be drawn up, the applicant must provide all the necessary documents that are the basis for applying to the GRATSS authorities, as well as a document proving the identity of the citizen. Such an entry must be made in two copies. They must be read and signed by the applicant without fail, after which the seal of the DRAC authority is affixed to them.

The record of the act of dissolution of marriage shall include the following information:

  • surname (both the one that was during the marriage and the one that was chosen after the divorce), first name and patronymic, date and place of birth, place of residence, as well as the citizenship of each of the persons dissolving the marriage;
  • the name of the registry office, the date of compilation and the number of such an entry;
  • about the document that is the basis for registering a divorce;
    date of termination of marriage;
  • details of those documents proving the identity of the persons who terminated the marriage;
  • series and number of the certificate of divorce.

All this information constitutes the content of the record of the act of divorce.

Certificate of divorce in Ukraine

A certificate of registration of any act of civil status is the document that is issued as confirmation of the fact of state registration of an act of civil status. The certificate of divorce is signed by the head of the DRACS body and sealed with the appropriate seal. A certificate must be issued to each of the spouses.

Such certificate must contain the following information:

  • surname (both before and after the dissolution of the marriage), first name and patronymic, citizenship, date and place of birth, nationality (if information about this is contained in the record of the act) of each of the persons dissolving the marriage;
  • date of termination of marriage;
  • record number, as well as the date of drawing up the act of divorce;
  • place of state registration of divorce (i.e. the registry office where such registration was made);
  • Name of the person to whom the certificate is issued;
  • date of issue of such certificate.

The content of the entry of the act of divorce is similar to the content of the certificate, which is due to the need for a clear regulation of such information in all documents.

Also useful information on the website “Divorce Online” of the family lawyer Alexei Nikolaevich Skryabin may be for you: is it possible to get a divorce without the consent of a husband or wife? , state duty and court fee for divorce, certificate of divorce, restoration of a divorce certificate, recognition of marriage as invalid in Ukraine, age of marriage in Ukraine, restoration of marriage, divorce in the presence of common minor children under 18 years old, divorce in Ukraine without a lawyer ( independently), refusal to dissolve the marriage.

State registration of a change of surname when registering a marriage in Ukraine

As everyone knows, when registering a marriage, spouses can choose a common surname or leave their own premarital surname.

In addition, unless otherwise provided by law, the surname formed by adding the wife’s surname to the husband’s surname may act as the common surname of the spouse. Such a surname cannot consist of more than two surnames connected by a hyphen.

Accordingly, when a marriage is dissolved, the question arises of which surnames the spouses will choose after the divorce.

  • keep this last name
  • change to premarital (with state registration of divorce).

Actually, as already mentioned above, when compiling a record of divorce, as well as when issuing a certificate, the question of changing or leaving a surname is clarified.

In the future, the usual process of changing the passport takes place (if the surname has changed after the dissolution of the marriage). An application is submitted to the relevant authority with the certificate of divorce attached (as the basis for changing the passport).

Answers of a lawyer about the registration of acts of civil status in Ukraine

I want to file for divorce, but my wife now lives in another city and does not want to return just to file a joint application with the registry office (although she wants to dissolve the marriage). We do not have common children. Can I apply alone? What to do in this situation?

In your situation, it is impossible to apply for divorce alone. The consent of both spouses is required. However, the current legislation provides for the possibility of filing an application even if the personal presence of one of the spouses in the registry office is impossible. In this case, a separate statement of this man must be drawn up with a mandatory notarization of the signature. After that, such an application can be sent to the appropriate body of the registry office.

Conclusion

Thus, the provisions contained in the Law of Ukraine No. 2398-VI are decisive for the entire process of registering a divorce. The law contains all the necessary information to properly conduct the entire divorce process. Of course, the law does not contain a provision for judicial dissolution of marriage, but considers further actions after receiving a divorce decision. That is, to put it simply, the aforementioned Law of Ukraine regulates the final (legal) registration of the termination of marriage.

It should be noted that the said law requires a minimum of documents required for such registration (they are specified for each ground). In addition, it is necessary to pay attention to the content of the final document confirming the divorce – the certificate. It must contain specific information without which it may be invalidated. Therefore, in this matter, you need to be extremely careful.

Family lawyer in Ukraine
Scriabina Daria Sergeevna
Scriabina Daria Sergeevna
PhD in Law
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Useful site materials rozluchennya-onlain.com.ua:

  1. divorce laws
  2. Marriage with minors
  3. Grounds for declaring a marriage invalid
  4. Divorce with a foreigner without his presence
  5. Certificate of divorce by court order
  6. Registration of divorce
  7. Replacing documents when changing a surname after a divorce
  8. Deadline for reconciliation of spouses
  9. Replacing a passport after a divorce

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