Certificate of divorce by court order

Свидетельство о разводе по решению суда

Family lawyer in Ukraine
Skryabin Alexey Nikolaevich
Skryabin Alexey Nikolaevich
Doctor of Law
Hello! In this article, I will tell you about how to get a divorce certificate by court order.

Certificate of divorce by court decision in Ukraine

The certificate of divorce is issued by the registry office on the basis of the Rules for the registration of acts of civil status. This document officially confirms that citizens are no longer spouses, and also terminates civil obligations between them. However, it should be noted that after July 27, 2010, a certificate of divorce on the basis of a court decision is not issued.

But there are situations when obtaining a certificate is possible:

  • Spouses do not have minor children.
  • Consent of both spouses to the dissolution of the marriage.

A married couple will have to go through a divorce process and only a court decision that has entered into legal force will be the basis for registering a divorce. In this case, after receiving the decision in hand, it will be necessary to contact the registry office for further entering the relevant information into the marriage record.

Obtain a certificate of divorce by a court decision in Ukraine

Until 2010, the moment of divorce was considered to be the receipt of a certificate from the registry office. After the court decision, the spouses independently applied for termination registration at any time. This brought a lot of inconvenience and controversy to the regulation of this issue.

If the spouses divorced before 07/27/2010, but still have not received a certificate of divorce, then legally their marriage is still legally valid, and common property and inheritance rights apply.

On July 27, 2010, amendments were made to the current Family Code of Ukraine and from that date it is expressly stated that the moment of divorce is the day the court decision comes into force.

Moreover, with the introduction of amendments, the court does not leave the issue of notifying the registry offices to former spouses, but does it on its own.

The procedure for obtaining a certificate of divorce by a court decision in Ukraine

After the decision to divorce, the spouses have another month before the entry into force of the decision of legal force. This period provides for an appeal by one of the parties to the process.

If a court decision is received in your hands, you need to make sure that it has the stamp “has entered into force”. Only on the basis of this will the registration of the dissolution of marriage in the civil registration authorities be carried out.

In this case, the marriage is considered dissolved from the moment the court decision enters into legal force, but until the information about the dissolution of the marriage is entered in the marriage record, neither spouse has the right to create a new family.

Application for registration of divorce by court decision in Ukraine

The Civil Registry Rules state that an application may be made:

  • Orally. If registration is made to the registry office where the marriage was previously registered, then the court will send a decision on divorce as the basis for the dissolution of the marriage. In this case, a written application is not required.
  • In writing. If citizens apply to the registry office at the place of registration of residence or through a representative. Then the basis will be the decision of the court, which is attached to the application.

Example

The court decision on divorce came into force after the departure of one of the spouses to another city for permanent residence. The ex-wife received the court decision directly in court, and the document was sent to her husband by mail to a new address.

After receiving the court decision, the man applied to the registry office at the place of his registration of residence. Based on the application, a request was made to the registry office at the place of marriage registration. After that, the citizen was informed that the marriage was dissolved.

State duty for obtaining a certificate of divorce through a court in Ukraine

Confusion and misunderstanding often arise with the state duty. The fact is that the state duty is paid when filing a claim with the court by the plaintiff and citizens mistakenly believe that it also applies to registration with the civil registration authorities.

To obtain a certificate of divorce, you will have to pay the state duty again, and each of the spouses, because the document is nominal.

Answers of a lawyer about obtaining a certificate by a court decision in Ukraine

I want to change my last name again after a divorce. Who decides this issue, the court or the registry office? What documents are needed in the passport office to change the passport?

In such a case, the court should not be asked to do so. When registering with the registry office and issuing a certificate of divorce, in the application in the line “assign a surname” it is necessary to indicate the maiden (marital) surname. The basis for changing the surname will be a personal desire.

To obtain a passport for a new surname, you will need a standard set of documents:

  • the passport;
  • birth certificate;
  • a certificate of divorce or a court decision that has entered into force (as a basis for changing the document).

Birth certificates of children (if minor children are included in a valid passport).

My wife and I are separating through the court. The apartment has already been sold. I want to buy real estate with the money from my share. If I buy an apartment immediately after the trial, will it be considered common property and will she be able to sue part of the purchased property?

Based on the Family Code of Ukraine, the moment of divorce, and, accordingly, the termination of mutual obligations and rights, occurs on the day the court decision enters into force. That is, the litigation itself is not enough to terminate property relations.

During the period for appealing the court decision, the spouse may file a claim for the distribution of common property and, if the contract for the sale of an apartment contains a date preceding the date the court decision enters into force, then this property is subject to distribution.

It is more expedient to wait a month after the trial, get a seal on the court decision on the entry into force and after that make a purchase of real estate. In this case, the presence of a certificate of divorce does not matter.

Conclusion

A divorce certificate can only be obtained from the registry office. Based on a court decision, a certificate is issued on the day of application, provided that the package of documents is provided in full.

Former spouses to obtain a certificate can apply to the registry office at any time convenient for them and it is not necessary to do this jointly. The law provides for registration with the help of proxies.

An important point is that the previously issued marriage registration certificate is not withdrawn. An annulment stamp is placed on it, but it is better for a woman to keep it if she took the name of the future man when creating a family. This will make it easier to prove the name change in the future. In the passports of the former spouses, a mark is also made on the dissolution of the marriage.

Obtaining a certificate is not limited by time, but it is advised to purchase it as early as possible, because this document will require a visa, passport, etc. when applying for it.

Also, useful information on the website “Divorce Online” of the family lawyer Skryabin Aleksey Nikolaevich for you may be: divorce during pregnancy, quick divorce in Ukraine 2022, divorce and children, documents for divorce with children, how are children divided during a divorce ?, division of property during divorce with children, separation of an apartment during a divorce with a child, communication with a child after a divorce, settlement agreement on children in court, divorce lawyer.

Services of a family law lawyer in Ukraine

  • A family lawyer will provide you with legal advice and help you draw up all the necessary documents to obtain a Certificate of Divorce by court order.
  • We are responsible for the quality of legal services and guarantee a positive result.
  • With the help of a family lawyer or a lawyer, your case for obtaining a Certificate of Divorce by court decision will be resolved more professionally and quickly.
  • By contacting us, you are guaranteed to receive professional legal assistance to obtain a Certificate of Divorce by a court decision.

Take the first step towards your victory in a legal case to obtain a Certificate of Divorce by court order, call or write to a lawyer and you will receive answers to all your questions.

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. Registration of divorce
  2. Replacing documents when changing a surname after a divorce
  3. Deadline for reconciliation of spouses
  4. Replacing a passport after a divorce
  5. The moment of termination of marriage during divorce
  6. Divorce after death of husband
  7. Divorce from an incompetent husband
  8. Settlement agreement for divorce
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