Children’s agreement upon divorce

Children’s agreement upon divorce in Ukraine

Dissolution of a marriage if a couple has common minor children occurs in court, regardless of whether the spouses have a dispute over the child.

When considering the dissolution of a marriage at the suit of one of the parties, the court must necessarily clarify the following aspects of common children:

• with whom of the parents the child will stay after the divorce (i.e. determination of her place of residence);
• how the communication with the child of the father or mother, who lives separately, will take place;
• how will the provision of material support in the life of a child by a separately living parent be carried out (payment of alimony, additional costs for the child, etc.).

If, when parting, the father and mother do not want to clarify these issues through the intervention of the court and the guardianship and guardianship authorities, they have the right to preliminarily conclude an agreement on children, stipulate all significant issues and submit it to the court in the manner prescribed by the Family Code of Ukraine.

An agreement on children is a document consisting of spouses in a written arbitrary form, in accordance with the requirements for transactions, and determines the issues of the child’s further place of residence, the procedure for communicating with a common minor child, after a divorce is filed.

What is the use of an agreement (contract) for children in Ukraine?

If there is an agreement on the upbringing and maintenance of the child in the process of divorce, only the issues of dissolution of the marriage relationship will be resolved in the court, without interfering in the life of the child and the parents. And the spouses themselves, having concluded an agreement on mutually beneficial terms, will protect themselves from clarifying parental disputes in the future.

The agreement can be drawn up separately on a specific issue in relation to the child, or it can combine several aspects of the upbringing, provision and development of the child. However, parents need to know that only an agreement on alimony requires mandatory notarization, since it is endowed with legal force of a writ of execution and can subsequently be provided for execution to the state executive service without a judicial procedure for collecting alimony.

Other forms of civil transactions – on the procedure for communicating with a child or on determining his place of residence – are not subject to mandatory certification by a notary, which makes them free of charge and does not require the involvement of a notary at all.

However, it must be remembered that the deal can only be drawn up when the parents reach a complete compromise on all aspects of the upbringing and maintenance of the child, and should not violate the rights of any of its participants (mother, father, and first of all the child). Otherwise, the document will have the status of a void transaction and will not be taken into account by the court.

Also, one of the significant advantages of drawing up an agreement on children is that, if there is one, the dissolution of marriage in court at your request can take place in a simplified manner, objectively shortens the time for dissolution of the marriage. If the parents argue about the determination of the order of communication or the place of residence of the common child and cannot find a general consensus, the resolution of the conflict is carried out in court with the obligatory involvement of the guardianship and guardianship authorities on a general basis.

Agreement (contract) on the determination of the child’s place of residence in Ukraine

“Determination of the child’s place of residence” – a frequent subject of parental disputes, which in everyday communication often sounds like “division of the child” during the divorce of parents, is a procedure for resolving the issue of which of the parents the child remains to live with after the dissolution of the marriage.

This aspect is very serious, since an incorrectly made decision can cause psychological trauma to the child, and in some cases even damage her life and health (for example, in a situation when one of the parents abuses alcohol or drugs, does not take care of the child, stagnant physical strength for punishment, etc.).
The purpose of drawing up an agreement on the determination of the child’s place of residence:

1. Deciding the fate of the child without the intervention of the court with the involvement of a third party in the form of a guardianship and trusteeship body, which, in turn, must necessarily examine the living conditions of the father and mother by going out to the house, interview neighbors, etc.;
2. divorce through court was faster;
3. reducing the likelihood of further conflicts over the residence of a minor child.

You can provide a court agreement simultaneously with the presentation of the statement of claim or directly during the divorce proceedings, as an additional document.

How to draw up an agreement on the residence of children in Ukraine?

When drawing up an agreement on the place of residence of children when parents divorce, the following conditions must be taken into account:

• Free written form (in compliance with the requirements of civil transactions, the interests of the child and both parents);
• Joint parental consent (without coercion, psychological pressure and threats of their use);
• Notarization is not required (unless alimony is specified in this agreement).

It should be made clear that this point is still at the discretion of the parents, since the involvement of a family lawyer and a notary will provide guarantees that such a transaction will be recognized as evidence in court. Otherwise, one of the parties may admit that it was not involved in the drafting of the agreement.

• If there are several common children in the family, the choice of parents can draw up one document for all, or separately for each child.

An approximate plan for drawing up a contract:

1. Title – “Agreement (agreement) on the determination of the place of residence of a minor, full name, date of birth.”
2. Place of preparation and date of signing (for example – the city of Zaporozhye, 03/28/2021).
3. Personal data on each of the parties (father – full name, year of birth, passport data, registration address).
4. Determination of the main question – the place of residence of the child:
5. with whom of the parents remains to live;
6. residence address;
7. Signatures of the parties with decryption.

If at the time of drawing up the agreement, the child has reached the age of 14, it will be advisable to indicate in the agreement his consent with the parental decision and also certify the document with his personal signature.

If the court sees a violation of the rights of the child in the concluded agreement, it has the right to disregard it and otherwise resolve the issues raised in the agreement (Family Code of Ukraine).

EXAMPLE

Nikolai D. filed a statement of claim for divorce from his wife in connection with the rejection of her lifestyle: frequent alcohol abuse, unwillingness to get a job. The court was presented with an agreement that their common young son would stay with his mother after the divorce, since the father moved to a rented apartment, leaving the family’s apartment. This document was not taken into account by the court, since it saw a threat to the child’s life in the form of leaving him with his mother, prone to immoral behavior. In such a situation, the dispute over determining the place of residence was separated from the divorce process in order to involve the guardianship and guardianship authorities in the process as a third party in order to clarify in detail all the circumstances of the case.

Agreement (contract) on the procedure for communicating with a child of a father or mother who lives separately in Ukraine

According to the current family legislation, every child has the right to communicate with his parents, just like a father who lives separately from the family has the right to communicate with his children. Moreover, the second parent should not interfere with such communication if it does not violate the interests of the child.

It is possible to determine the right and schedule of communication with children in a special agreement on the procedure for communication, jointly drawn up by the parents, after which it should be sued.

The advantages of drawing up an agreement on the procedure for communicating with a child include:

• is on mutually beneficial terms;
• the trial takes place without the involvement of the guardianship and trusteeship body, which speeds up the process;
• provides additional guarantees for ensuring the rights of the child and the father who lives separately.

Also useful information on the website “Divorce Online” of the family lawyer Alexei Nikolayevich Scriabin may be for you: documents for divorce with children, how do children share in divorce? how to pick up a child from an ex-wife? division of property in case of divorce from children, division of an apartment in case of divorce from a child, communication with a child after a divorce, restriction of communication between father and child, the wife prohibits seeing the child – what to do? settlement agreement on children in court.

Requirements for the agreement (contract) of parents on the procedure for communicating with the child in Ukraine

• Written form in the state language;
• Mandatory reflection of the most important aspects of the document:

1. place of communication – the place of communication is understood as a specific territory in which communication will take place (for example, the place of residence of the child, the place of residence of the other parent, places of mass recreation – cafes, cinemas, parks, etc.);
2. communication time – this is a detailed description of the days, months, holidays with the display of hourly time;

EXAMPLE

Every Tuesday at 18:00, the father picks up his daughter from kindergarten, takes a walk in places of public recreation and returns to the mother’s place of residence until 20:00, or every second weekend of the month, the father picks up his son from his mother at 11:00 and is with him in his own way place of residence until 18:00 Sunday.

1. order is a way of communicating, for example, online communication, communication during the period of the child’s illness (meetings will be postponed in this case to other dates, the presence of a second parent during communication, etc.).

• Optional notarization of the document. In this case, an initial consultation with a family lawyer is desirable.

When drawing up an agreement and submitting it to the court, the document must respect the rights and interests of a minor child. First of all, the child’s age, peculiarities of his health, emotional state and attitude towards parents are taken into account.

For example, if the document specifies the procedure for communication between a young 9-month-old daughter and her father on weekends without the presence of the child’s mother, the court is unlikely to take such a document into account, referring to the baby’s age.

A sample agreement on the procedure for communicating with the father’s child lives separately after the divorce can be seen on our website or by contacting the services of our family lawyers.

Agreement on the payment of child support in Ukraine

A voluntary agreement on alimony is a kind of agreement on children, reflects the degree of material participation of one of the parents who left the family in the life of a minor child, and is subject to mandatory notarization.

This document will not be accepted by the court if it is drawn up by the parents without appeal and certification by a notary, since it will not have legal force.

The obligatory notarization of the transaction endows it with the force of a writ of execution, which gives the right, in case of its non-compliance, bypassing the court, immediately contact the state executive service or at the place of work of the debtor for further compulsory maintenance of funds.

How to draw up an agreement on the payment of alimony in Ukraine?

When drawing up an agreement on alimony, the following requirements are imposed on its content:

• Spinne assembly without coercion, psychological and physical pressure, threats, and the like.
• Written form in the state language and in accordance with the norms of transactions and the family code of Ukraine.
• The observance of the child’s legal right to alimony, which the second father could have exercised when assigning these payments in court, means that the agreement may indicate an amount for maintenance that is less than what is required by law. A smaller amount is unacceptable and grossly violates the rights of the child.

EXAMPLE

If the father’s salary is 10,000 hryvnia, and the alimony agreement is made for one child, the amount for maintenance in the agreement cannot be less than 1/4 of the father’s earnings, that is, it cannot be less than 2,500 hryvnia (as indicated in the Family Code of Ukraine) … While the appointment of a larger amount is quite acceptable.

• Determination of the method of collecting alimony:

1. the share of total earnings (for one child – 1/4 of the income, for two – 1/3, for three or more – half of the income, respectively);
2. a firm sum of money, determined in the event that the debtor does not have official employment, receives wages in foreign currency or in kind, or in case of low income, does not meet the needs of the child in terms of shares;
3. “Mixed” method – provides for the appointment of alimony at the same time in shares and a fixed amount.

• Determination of the frequency of payment – unlike those prescribed by the court, alimony by agreement may not be monthly, but, for example, quarterly and the like. – by agreement between the parents;
• Establishment of the procedure for transferring funds – by postal order, personal handover to the recipient, transfer to a bank card (account).

The procedure for concluding an agreement on alimony in Ukraine:

• both parents come to the notary office, providing the notary with the following documents:
• passports and ID of the parties;
• birth certificate of the child (even if the latter has a passport to confirm the relationship with the father)
• certificate of salary of the paying father (if there is a place of official employment)
• pay for notary services;
• receive an agreement document on the day of contact, duly certified;

The cost of drawing up and certifying an agreement (agreement) on alimony should be specified at the notary’s office.

If the child at the time of the conclusion of the alimony contract has reached the age of 14, when drawing up the contract with a notary, her personal presence is mandatory.

Parents need to know that it is possible to terminate or change the terms of the document by common consent by renegotiating it with a notary. In case of unilateral appeal of the terms of the agreement or a desire to cancel it, the issue is resolved only in court.

Amicable agreement in case of divorce about children in Ukraine

An amicable agreement on children in court is a procedurally different document, which, unlike a “deal”, is approved by the court, on the basis of which it makes an appropriate court decision at any stage of the proceedings.

If the parties, when submitting the claim to the court, were unable to conclude an agreement on the children, but in the process of the court the judge sees the possibility of a peaceful agreement between the parents, he is obliged to invite them to conclude an amicable agreement on the controversial aspects of raising children.

Despite the “peaceful” nature of this document, it is legally binding and must be strictly observed by the parties. The disadvantage of the amicable agreement is the impossibility of the parties re-applying to the court on the aspects reflected in this document.

Useful site materials rozluchennya-onlain.com.ua:

1. The wife forbids seeing the child – what to do?
2. Limiting communication between father and child
3. How to pick up a child from an ex-wife?

Перевірив Валерій 20.05.2021