Divorce certificate

Divorce certificate in Ukraine

After the divorce, the former spouses wonder how to get a divorce certificate. It is issued to each of the spouses and has a special legal meaning: only after receiving it, any of the former spouses will be able to enter into a new marriage.

You can get a divorce certificate only at the registry office. If the marriage was dissolved in court, then a divorce certificate is not issued.

To obtain a divorce certificate, the number of spouses must:

• pay a state fee;
• provide employees of the government agency with a list of required documents.

In case of loss of the certificate, you can get a duplicate. For this, you will also have to pay a state fee. A copy of the divorce certificate may be needed when applying for visas to confirm the surname when receiving an inheritance and in other situations.

Divorce procedure in Ukraine

Marriage is a social phenomenon governed by the traditions of the community and subject to registration. Its termination is governed by the law. According to the Family Code of Ukraine, a marriage between citizens can be dissolved by filing an application by one of the spouses (or both together) or by a court decision. You can declare your desire to leave in court or in the registry office, depending on the situation.

• If one of the spouses is incapacitated, based on his interests, the guardian can apply for him.
• The easiest way to dissolve a marriage is when both agree to it, and they do not have common minor children. Then you can submit a joint application for divorce to the nearest registry office.
• In some cases, it is allowed to appeal to the aforementioned authorities if the spouses have children and only one of them wishes to dissolve the marriage. The registry office will accept the application if there is no information about the other husband for a long time (that is, he disappeared, disappeared), is recognized as incompetent.
• In other cases, you will have to part through the courts. The procedure for judicial review is provided if the spouses have common children who have not reached the age of majority or one of the spouses does not want a divorce or evades filing an application with the registry office.

What documents are needed to obtain a certificate in Ukraine?

The required package of documents is associated with the divorce procedure:

• If the cancellation of the family union took place in court – when contacting the registry office, the ex-husband and wife must be provided with:

1. passport;
2. the original of the court decision, which entered into force;

• If the spouses get divorced through the civil registration authority (Civil Registry Office, Civil Registry Office) by mutual consent, they need:

1. passports;
2. Marriage certificate;
3. divorce statement;
4. payment of state duty.

• In case of one-sided appeal of one of the spouses to the registry office, the package of documents will be as follows:

1. passport;
2. a document on the conclusion of a marriage union;
3. court decision in respect of a spouse (recognition as incompetent, missing)
4. payment of state duty.

Content of the certificate of divorce in Ukraine

The document is written out or printed on a form, the form of which is clearly established and the same for the whole country and in any case of divorce. The most important information contained in the certificate: data on divorced spouses, statement of the fact of divorce, record number in the act book, date of issue, name of the issuing authority.

1. Full name must be indicated. each of the couples in an option that was valid before and after the divorce.
2. Provides information about the document that served as the basis for divorce.
3. The dates of the termination of the marriage and the entry of the deed entry into the book are indicated.

The certificate does not specify the reasons for the divorce. The document only confirms the fact of registration of civil status.

Obtaining a divorce certificate from the registry office in Ukraine

The spouse informs about his desire to leave in the application. An authorized person in the registry office considers it. If there is no contradiction, the employee issues a document stating that the marriage was dissolved. Dissolution of marriage, registration of divorce and issuance of a certificate are provided for at least one month after the application is submitted. For this, at least one of the spouses must appear in the DRACS body.

• A deed entry is made in the registration book. It will be the basis for the issuance of two equivalent copies of the certificate to each of the spouses.
• The document can be obtained by a representative of the former who has a power of attorney to represent his interests.

It is important to attach the required documents to your divorce application.

The moment of divorce in Ukraine

The day from which the joint spouses will be considered divorced is different for the divorce procedure through DRACS and through the court. In the first case, the day of state registration of its dissolution in the act book will be considered the moment of termination of the marriage. In the second, the date when the court decision will come into legal force. According to the Civil Procedure Code of Ukraine, a court decision on divorce becomes legal one month after its adoption.

1. It is important not only the day from which the marriage will be considered dissolved, but also the moment of receiving the divorce certificate. Former spouses are allowed to enter into a new marriage only after receiving the document of the specified certificate.
2. From the moment of divorce, certain personal and property relations between the former spouses are terminated. Legal relations can and should be preserved in the presence of small children or the disability of one of the spouses (alimony is provided).

Common property ceases to be such after the agreed moment of divorce, but only if it has been divided. If there is no division, the property continues to be considered common. After the moment of divorce, either of the former spouses can enter into transactions without the consent of the other.

Also useful information on the website “Divorce Online” of the family lawyer Alexei Nikolayevich Scriabin for you may be: state duty for divorce, restoration of a divorce certificate, invalidity of marriage, age of marriage in Ukraine, restoration of marriage, divorce in the presence of common minor children, refusal to divorce, divorce during pregnancy.

How to restore a divorce certificate in Ukraine?

A duplicate of a divorce certificate is obtained, as a rule, in the event of its loss (loss) or damage. To restore this document, it is necessary on the day of the reception to contact the registry office at the place of conclusion of the marriage union, providing employees with:

1. passport;
2. Receipt for payment of the state fee;

Consider the possibility of restoring lost evidence in non-standard situations:

• When the evidence is lost. In such a situation, it is necessary:

1. apply to the registry office, previously issued a certificate, on the reception day;
2. have a passport and money to pay the fee;
3. tell employees the year (date) of the termination of the family union for ease of search in the database.

• If the divorce took place in another city. It happens that people broke up a family union and received the relevant documents in one city, and then moved to another city. Now there is a possibility of communication between various registry offices on the territory of Ukraine, therefore, to obtain a duplicate certificate of divorce, you need:

1. apply with the appropriate application to the department in the registry office at the place of your location (residence);
2. send a request to the registry office at the place of divorce;
3. after the certificate is sent, the registry office notifies the applicant about it;
4. upon receipt of the certificate, the applicant pays the state fee.

Employees of the registry office should help the applicant draw up a reasoned request to the registry office at the place of actual dissolution of the union, from which a duplicate of the required document should be sent.

Output in Ukraine

• After divorce, you need to take care of obtaining a divorce certificate.
• It is issued by the registry office in two equivalent copies, which are provided to each of the former spouses.
• In case of divorce with the help of the registry office, a month after the filing of the application, the spouses must visit the department on the appointed day and confirm their intention to leave. After that, based on the entry in the act book, obtain a divorce document.
• Without a document, it will not be possible to marry (get married) again, conclude an agreement, get a visa abroad.
• The moment of divorce is the date of registration of the divorce (if the spouses parted through the registry office) or the date of entry into force of the court decision (if the divorce took place through the court).
• If during the divorce an agreement was not reached on the maintenance of common minor children, it is possible to collect alimony from the ex-husband through the court.

Useful site materials rozluchennya-onlain.com.ua:

1. State fee and court fee for divorce
2. Is it possible to divorce without the consent of the husband or wife?
3. Unilateral divorce
4. Divorce in the registry office
5. Divorce through the court
6. Divorce documents through the registry office
7. Divorce documents
8. Statement of claim for divorce
9. Divorce petition