Divorce and children

Divorce and children

Divorce and children in Ukraine

According to statistics, most families are officially married and have children. In the event of the breakdown of a family in which there are minor children, the dissolution of the marriage should take place exclusively in court, regardless of whether there is a dispute between the spouses about them or not.

In the process related to divorce, the court must clarify all possible controversial issues about children:

  • determination of the place of residence of the minor (that is, with whom the child remains to live – with the father or mother)
  • recovery of alimony from a separate parent;
  • determination of the order of communication between children and their father, who lives separately.

When deciding the question of determining the procedure for communicating with the child of parents living separately, or when determining the question with which of the parents the child will stay, the guardianship and guardianship authorities must participate in the court. Employees of the guardianship authority must inspect the home living conditions of the father and mother, hold a conversation with them and provide the court with their opinion in accordance with the existing dispute.

How to break up if you have a child in Ukraine

How to break up if you have a child in Ukraine

According to the Family Code of Ukraine, in the presence of common minor children, regardless of whether their parents have a dispute with them, the divorce must take place in a judicial proceeding.

The procedure for divorce through the court is as follows:

  • Drawing up a statement of claim by one of the spouses.
  • Determining the jurisdiction of a divorce suit in the presence of children (the correct choice of the court authorized by jurisdiction to consider a divorce suit)
  • Collection of documents required to secure a claim:
  1. copy of the plaintiff’s passport and taxpayer code;
  2. copy of marriage certificate;
  3. a copy of the birth certificate of the child (children);
  4. related documents concerning aspects of the dispute:
  5. certificates from the place of work about the employment and salary of the spouses;
  6. certificates from the place of study of children;
  7. Agreement on issues related to the upbringing of children (if drawn up in advance)
  8. housing documents and the like.
  • Payment of the court fee for divorce in court must be paid by the plaintiff and presented with other documents as an attachment to the claim.

If, in addition to a dispute about children, the spouses share jointly acquired property, the court fee is paid separately for each of the disputes, while the payment for the division of the property will directly depend on its value, like any other claim that is subject to assessment.

How to file a divorce through DRACS unilaterally if you have children in Ukraine

How to file a divorce through DRACS unilaterally if you have children in Ukraine

In exceptional cases, directly specified in the Family Code of Ukraine, divorce in a family with children can occur unilaterally in the DRACS body if one of the spouses:

  • declared incompetent by the court;
  • recognized as missing by the court decision.

In such a situation, despite the fact that the couple has a common minor child, one of the spouses has the right to visit the DRACS and write a statement about the desire to leave, providing the registry office specialists:

  • identity document;
  • original marriage certificate;
  • a court decision came into force confirming the absence of the other spouse.

In addition, the specified application can be drawn up and transmitted remotely using the services of a family lawyer online.

The term determined for divorce in the registry office and in court is one month and is given to couples for reconciliation of the parties, however, if there are uncertain questions about children, as well as in the absence of the consent of one of the spouses with a divorce, the term can be increased to three or more months. In practice, the real time limit for a divorce depends on the correct drafting of documents and experience in implementing such issues.

The opinion of the child in the divorce of parents in Ukraine

The opinion of the child in the divorce of parents in Ukraine

Family law grants the child the unswerving right to express his own opinion when deciding issues that affect his rights and interests.

A child who has reached the age of 10 at the time of the divorce of his parents has the right to express his opinion to the court on the main aspects of his further residence and upbringing, if this does not contradict his interests. The judge is obliged to hear the arguments of the minor and take them into account, if they do not directly contradict his health and upbringing.

Influence of the child's age on divorce in Ukraine

Influence of the child’s age on divorce in Ukraine

Another aspect that the courts pay attention to when parents are divorced is the age of the children in the family. Depending on the age of the child, in the absence of an agreement between the parents, the court will decide the following issues:

  1. If the spouses have a child (children) under the age of three and the mother is on leave to care for them, the court will certainly consider the issue of the alimony payment from the father not only to the child, but also to his wife, who is on maternity leave.
  2. If the common child has reached the age of majority, the spouse has the full right to dissolve the marriage in the DRACS authority.

Also useful information on the website “Divorce Online” of the family lawyer Alexei Nikolayevich Scriabin may be for you: How quickly to part, 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?

How do children share in divorce in Ukraine?

How do children share in divorce in Ukraine?

An emotionally difficult issue in divorce is the separation of children between parents. As you know, in most cases, children stay with their mother, no more than 5% of court decisions are made on granting a child for permanent residence to parents.

  1. If the place of residence is determined simultaneously with the dissolution of the marriage in court, the guardianship and guardianship authorities will be involved in mandatory participation as a third party, which will give an independent document-conclusion on the merits of this dispute.
  2. In addition to the opinion of the guardianship and guardianship authority, the court will take into account the desire of a child who has reached the age of 10 to stay with one of the parents, if it does not contradict his interests.
  3. When determining the child’s place of residence by the court, the following aspects must be taken into account:
  4. The age of the child (for the most part, the courts leave young children with their mother).
  5. Gender of the child (adolescent girls, due to the peculiarities of pubertal development, are more likely to be accommodated with their mother, and boys, on the contrary, with their father).
  6. Place of residence (if the mother, after a divorce, lives in a block near the school where the child is studying, the clinic where he is registered, and the father is in another area or in another city – most likely, the court will leave the child with the mother so that the parents do not divorce coincided with his move, change of school, etc.).
  7. Living conditions – the guardianship and trusteeship body, in the process of preparing the case for trial, receives a decision from the court to conduct an examination of the living conditions of both parents, and submits the examination reports to the court. In this case, the attention of the court is paid to the presence of a separate room for the child, an individual sleeping and working place, cleanliness and order in the house, and the like.
  8. The state of health – both of the child himself and of each of the parents.
  9. Parental wages and other social characteristics:
  • absence / presence of a criminal record;
  • characteristics from neighbors;
  • place of work and education;
  • the presence of bad habits (alcoholism, drug addiction, etc.)
  • the presence of a disability and the like.

If there are two or more children, from a moral point of view, blood brothers and sisters are not accepted to be divided into different families, however, if the conditions of the second parent are good and the child himself wants to live with him separately from other children, the court can separate the children by determining their residence. with the father, and someone with the mother.

Children's agreement upon divorce in Ukraine

Children’s agreement upon divorce in Ukraine

So that the fate of children is not decided by third parties, which are the court and the guardianship and guardianship authorities, the best way to settle the residence of children is to draw up an agreement and submit it to the court.

An agreement on children is a document created without coercion, signed by spouses who are divorced (by parents) in an arbitrary written form, reflecting aspects of the upbringing, further residence and the procedure for keeping children.

The main condition of the transaction is the observance of the rights and legitimate interests of the child and his parents. If the court presents a document that clearly restricts the right of at least one of the parties, the court has the right to disregard it and resolve controversial issues on its own.

A statement of claim for divorce in the presence of an agreement on children drawn up between the parents is subject to consideration by the districts by the court.

The agreement can be presented to the court:

  • in advance in writing (with other documents that are attached to the claim)
  • in an oral petition directly at the court session to attach such a document to the case.

Notarization of the transaction is not a prerequisite only if it does not resolve the issue of alimony maintenance for a common child. If the document raises an alimony issue, notary certification is mandatory in accordance with the Family Code of Ukraine, giving the agreement the force of a writ of execution.

The agreement on the upbringing and maintenance of common minor children will undoubtedly be positively assessed by any judge, since it relieves him of the burden of solving acute issues, will reduce the time for divorce and approach divorce on the terms of a “painless” compromise between “spouses-parents”.

How property is divided in case of divorce if there are children in Ukraine

How property is divided in case of divorce if there are children in Ukraine

The division of property is a procedure for the allocation of shares of each of the spouses in joint ownership. Joint property of spouses is considered to be property acquired by spouses during an official marriage, and this is not only about immovable and movable property, expressed in material terms – income from activities, pensions and other social benefits and the like are also considered joint property.

As a rule, when determining the shares of spouses, for example, in real estate, these shares are recognized as equal, unless otherwise provided by a spousal agreement (for example, in an agreement or a marriage contract).

When there are minor children in a family, the court has the right to ignore the principle of equity, based on the interests of the child and the father who lives with her, taking into account other circumstances.

If the family consists of three people (mother, father, child), the apartment is joint property, and the child after the divorce remains to live with the mother, the court is likely to determine the mother’s larger share, taking into account the further residence of the minor with him. However, the court, when dividing, takes into account other circumstances for making a fair decision:

  • investments in the housing of each of the spouses (purchase, renovation, mortgage payments, etc.);
  • The financial situation of the parties;
  • the presence or absence of other housing;
  • health status and the like.

The Family Code of Ukraine regulates the list of property that is not subject to division: personal items acquired to meet the needs of minor children (shoes and clothes, toys, pieces of furniture, sports, musical equipment, etc.) – will be left by the court to the man with whom the child is left to live …

Useful site materials rozluchennya-onlain.com.ua:

  1. How to break up quickly
  2. Divorce during pregnancy
  3. Refusal to divorce
  4. Divorce in Ukraine without a lawyer (on your own)
  5. Divorce in the presence of common minor children
  6. Restoring marriage
  7. Age of marriage in Ukraine
  8. Nullity of marriage
  9. Restoration of divorce certificate
  10. Divorce certificate
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