Dissolution of marriage (divorce) at the request of the guardian of one of the spouses in Ukraine

Contents

Divorce at the request of the guardian of one of the spouses in Ukraine
Divorce at the request of the guardian of one of the spouses in Ukraine
Divorce from an incompetent husband/wife in Ukraine
Documents, application for divorce from the wife’s guardian in Ukraine
The procedure for divorce at the request of a guardian in Ukraine
Scheme of divorce in court in Ukraine
Conclusion
Services of a family law lawyer in Ukraine

Family lawyer in Ukraine

Skryabin Alexey Nikolaevich

Doctor of Law

Hello! In this article, I will tell you about how a divorce occurs with an incompetent husband / wife and what documents are needed to dissolve a marriage from the guardian of one of the spouses.

Divorce at the request of the guardian of one of the spouses in Ukraine

Divorce in a situation where one of the spouses has lost legal capacity as a result of mental disorders has a number of features. The obligation to protect the rights of the incapacitated is assigned to the legal representative. It is he who must draw up an application and participate in the process on the rights of his ward.

Divorce at the request of the guardian of one of the spouses in Ukraine

The basis is the application of the guardian. The Family Code of Ukraine does not specify what reasons may be for the dissolution of a marriage in the interests of an incapacitated spouse. As practice shows, most often the reason is:

a danger to a person’s health is possible if he continues to be married;
threat to his personal and property rights;
violation of the interests of an incapacitated man, protected by the laws of Ukraine.

Divorce from an incompetent husband/wife in Ukraine

Divorce at the initiative of the guardian has several features.
The legal representative has the right to perform all the same procedural actions as his ward, whether he is capable. At the same time, the guardian cannot exercise the will presented for his personal preferences.
Divorce can be filed by the civil registration authorities (i.e. without going to court), even if the family has common minor children.
In the event of disputes or disagreement of the second spouse, the representative may file a lawsuit in court.

Documents, application for divorce from the wife’s guardian in Ukraine

When applying to the registry office or to the court with the intention to dissolve the marriage, the following documents must be submitted:

a statement of claim and its copy in the form established by the Civil Procedure Code of Ukraine, which must be supplemented with a marriage certificate and other documents according to the situation (for example, if there is a need to divide common property, you need to provide papers specifying its value, etc.);
documents proving the identity of the applicant and his ward;
a document certifying the right of the guardian to represent the interests of the ward;
a court decision on the incapacity of the ward;
additional requests, if any.

Also, do not forget about the need to pay state fees. You can apply directly to the registry office or through the official web portal “Appeal in the field of state registration of acts of civil status”.

The procedure for divorce at the request of a guardian in Ukraine

Divorce in an administrative order is carried out according to the following scheme:

An application and a package of necessary documents are submitted.
After a month, if the application has not been withdrawn, the divorce is registered. In the presence of the guardian, an appropriate act is drawn up, a certificate of divorce is issued. Recall that marks in the passport are no longer affixed.

It happens that after the divorce, the former spouses have any disputes. To resolve them, you need to go to court. Property issues are resolved only within three years after the dissolution of the marriage.

Scheme of divorce in court in Ukraine

An application is submitted with a package of necessary documents.
Within 5 working days, the court determines whether it will be accepted for consideration, rejected, returned or left without movement.
If the application is accepted, the judge has the right to call for clarification of the circumstances of the second half or require additional documents.
A meeting is scheduled and held. Participants receive subpoenas in advance, indicating the time and date when they need to appear in court. In the process, the current requirements of the spouses may also be considered.

Typically, a divorce is made no earlier than one month from the date of application. As a rule, the case is considered in an open manner, but at the request of its participants, a closed court session may be held. For one reason or another, the court may postpone the decision on the divorce proceedings, but not more than six months.

Conclusion

Divorce at the request of the guardian of one of the spouses can be made through the registry office.

The representative of the incapacitated defends his interests and rights, performs all those actions that the ward himself could do.

Regardless of through which authorities the divorce proceedings are carried out, usually it will not take more than six months from the date the claim was filed.

Also, useful information on the Divorce Online website of the family lawyer Aleksey Nikolaevich Skryabin may be for you: laws on divorce, on acts of civil status during a divorce, a family code on divorce, a civil code on divorce, how to survive a divorce, how to build a relationship with a man, how to dissolve a marriage in Ukraine 2022? , grounds and procedure for dissolution of marriage, a sample application for divorce in Ukraine, file a claim for divorce in court in Ukraine.

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 divorce documents at the request of the guardian of one of the spouses.
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 divorce case at the request of the guardian of one of the spouses will be resolved more professionally and quickly.
By contacting us, you are guaranteed to receive professional legal assistance in divorce at the request of the guardian of one of the spouses.

Take the first step towards your victory in a divorce legal case at the request of the guardian of one of the spouses, call or write to a lawyer and you will receive answers to all your questions.

Family lawyer in Ukraine

Scriabina Daria Sergeevna

PhD in Law

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