- Divorce after the death of a man in Ukraine
- Divorce in the event of the death of one of the spouses in Ukraine
- The moment of the husband’s death and the termination of marriage in Ukraine
- Divorce or termination of marriage in case of death of one of the spouses in Ukraine?
- Termination of marriage upon recognition of the spouse as dead in Ukraine
- How to get a divorce after the death of a man in Ukraine?
- Termination of marriage with the deceased in Ukraine
- Services of a family law lawyer in Ukraine
Divorce after the death of a man in Ukraine
The Family Code of Ukraine establishes the death of a citizen or the announcement of her death in the prescribed manner as a basis for terminating a marriage. In this case, no additional filing of a divorce is required, it is enough to have the necessary documents on hand and apply to the authorized body with an application for issuing a death certificate for a man.
Divorce in the event of the death of one of the spouses in Ukraine
Quite often among the townsfolk you can hear the idea of the need for additional registration of a divorce when one of the spouses has died. Family law does not give a sufficiently clear answer to it, so we will try to figure it out.
The Family Code of Ukraine regulates the procedure for terminating a marriage, while highlighting such a method as termination in accordance with the established procedure. In this regard, these concepts should not be confused with each other.
Therefore, in order for the concluded marriage to “cease to exist legally”, it is sufficient to have one of the grounds for this specified in the Family Code of Ukraine, namely:
- an application submitted to the authorized body (i.e. through termination);
- death of one of the spouses;
- announcement of one of the spouses as legally deceased.
The first case involves the completion of a certain procedure, the other two do not require additional filing of a divorce.
The moment of the husband’s death and the termination of marriage in Ukraine
As a rule, the termination of a marriage in connection with the death of one of the spouses is determined by the moment of his death.
In particular, he understands the moment of brain death (i.e., the cessation of all its functions during the work of other organs) or biological death (in other words, the irreversible death of a person).
The statement of this fact is carried out by a medical worker, as a result of which he also issues a medical certificate of death of this person, which is necessary for further paperwork.
Divorce or termination of marriage in case of death of one of the spouses in Ukraine?
Considering that no additional procedure is required to terminate a marriage due to the death of one of the spouses, it is important to note that the second spouse still needs to appear at the registry office to obtain a certificate of his death, and as a result, termination of the marriage. Registration of a death certificate is regulated by the Civil Code of Ukraine and the Rules for the Registration of Civil Status Acts. Here it is necessary to highlight the following points:
- The basis for registering the fact of death is only a document issued by a medical organization – a medical certificate (except for a court decision to establish this fact). It has an approved form in accordance with the Order of the Ministry of Health of Ukraine.
- The place of registration of the death of the second spouse can be determined based on the last place of his residence or his surviving wife, the discovery of the body, the occurrence of death, the location of the medical organization.
- An application can be submitted both orally and in writing by a certain group of persons within three days from the moment of death or the discovery of the body of the deceased.
Example
Among these subjects, he singles out the second spouse, other family members, and also, in certain cases, it can be a medical organization, an institution of social protection of the population, an institution executing punishment, a commander of a military unit, an inquiry agency.
It is important to note that in addition to the above documents, when applying to the registration authority, the applicant must submit the passport of the deceased (if available). After that, the registrar makes an appropriate entry in the death certificate (required by the Order of the Ministry of Justice of Ukraine) and issues an appropriate certificate.
This certificate is also typical (Order of the Ministry of Justice of Ukraine “On approval of the forms of certificates of state registration of acts of civil status”), while it must necessarily reflect the information:
- about the deceased person (full name, date and place of birth, death, citizenship);
- date, place of drawing up the record of the act;
- date of issue.
For the performance of any registration actions in the registry office, payment of a state duty is provided. At the same time, the current legislation of Ukraine, in particular, establishes that when registering a death (including for issuing relevant certificates), individuals are exempted from paying this state duty.
Termination of marriage upon recognition of the spouse as dead in Ukraine
The process of terminating a marriage with a person declared dead in the prescribed manner is practically no different from the previously considered situation, with some exceptions:
According to the Civil Code of Ukraine, a citizen is recognized as dead only if there is no information about his stay for three years at his place of residence.
Declaring a person dead is carried out only in a judicial proceeding in accordance with the requirements of the Civil Procedure Code of Ukraine.
The day of death in this case is the day the court decision comes into force (or it may indicate the estimated date of death of a person).
The basis for making an entry in the act of death and issuing a certificate by the registry office is carried out in accordance with the specified court decision.
How to get a divorce after the death of a man in Ukraine?
What amount of the state duty will I need to pay in order to file a divorce from a deceased man declared by court decision?
The amount of the state duty is 0.03 of the tax-free minimum income of citizens.
My husband died in the hospital, do I have to apply to the registry office?
Due to the fact that your man was in a hospital facility, where he died, the obligation to transfer relevant information to the registry office is also assigned to this institution, however, you will still have to contact the registration authority to obtain a death certificate.
Also, useful information on the Divorce Online website of the family lawyer Skryabin Aleksey Nikolaevich may be for you: how does a divorce happen in court in 2022, amicable agreement in a divorce, a court decision on a divorce, a divorce from an incompetent husband, the moment of termination of a marriage in a divorce, a change of surname in case of divorce, replacement of a passport after a divorce, period for reconciliation of spouses, divorce from a convict.
Termination of marriage with the deceased in Ukraine
In the course of considering the issue of the procedure for terminating a marriage with a deceased man, I would like to dwell on the following points:
In the event of the death of one of the spouses or the declaration of his death, it is not necessary to additionally draw up a certificate of divorce.
The death of a spouse must be confirmed by a medical death certificate or a court decision declaring a citizen dead, which has entered into force.
The registration of the death certificate of the deceased spouse summarizes the termination of the marriage.
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 for the dissolution of a marriage after the death of a spouse.
- We are responsible for the quality of legal services and guarantee a positive result.
- With the help of a family lawyer or lawyer, your divorce case after the death of your spouse will be resolved more professionally and quickly.
- By contacting us, you are guaranteed to receive professional legal assistance in divorce after the death of a spouse.
Take the first step towards your victory in a divorce legal case after the death of a spouse, call or write to a lawyer and you will receive answers to all your questions.
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