Divorce court decision
In the event of a divorce through the court, the decision made becomes the main document on the basis of which the marriage is recognized as dissolved. Another such document is a divorce certificate, however, it is issued only if the divorce was made in the registry office.
The content of the court decision on the dissolution of marriage
The following information must be included in the divorce decree:
- Details of the document (number, date, title).
- An indication of the judicial body that heard the case.
- Names of participants in the case (spouses, third parties).
- What was established by the court (a summary of the case materials, the content of the statement of claim, counter statements, etc.).
- The motives that guided the judge when making a decision on the case (i.e. those grounds confirming the correctness of the decision).
- The essence of the court decision (indication of divorce, division of property, etc.).
- Indication of the possibility of appeal and deadlines.
- Dates for the entry into force of the decision.
The document may entail certain legal consequences only after it enters into force. This happens after the expiration of the period for its appeal (30 days), if all participants in the process are satisfied with the result of the consideration of the case.
If the process continues as part of the appeal proceedings, then the marriage is terminated after the entry into force of the decision of a higher authority (if the fact of divorce is not confirmed).
Appeal against a divorce decree
The party that disagrees with the court decision on the termination of the family union, as well as third parties participating in the case, have the right to appeal against it both in full and in part. For example, one can declare disagreement not with the very fact of a divorce, but with how the division of property is carried out or the place of residence of common children is determined. Appeal requires:
- apply to a higher court through the body that made the decision by writing an appeal;
- after that, the complaint will be sent to a higher court (to the court of appeal);
- for filing a complaint, a period equal to 30 days from the date of issuance of the decision in its final form is given;
- in the text of the appeal, it is necessary to indicate the reasons for the incorrectness of the decision or requirement (which cannot differ from those stated during the consideration of the case in the first instance).
The complaint is then sent to the appellate court for a hearing. Based on the results of consideration, the court decision may be left unchanged, amended or canceled (in whole or in part).
Divorce judgment statement
If you have a court decision in your hands that a marriage is considered broken from a certain period, then this is enough to declare your new legal status, deciding, for example, to enter into a new family union. That is, you do not need to receive a certificate of divorce.
After the deadline for appealing the court decision has passed, this document will be considered to have entered into force if none of the parties has exercised the right to appeal it.
After that, the court decision is sent by the court to the registry office for entering information into the state register of acts of civil status.
Both the plaintiff and the defendant receive a copy of the court decision in their hands in order to be able to get acquainted, and, if necessary, use it for their own needs.
The court decision contains all the information that will be necessary for the employees of the registry office to register the fact of divorce:
- full names of former spouses;
- details of the court decision (date, number);
- the name of the judge;
- the fact of termination of family relations;
- date of entry into force of the court decision.
Family Lawyer Services
A family lawyer will provide you with legal advice and help you draw up all the necessary documents for a court decision on divorce.
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 will be resolved more professionally and quickly.
By contacting us, you are guaranteed to receive professional legal assistance in relation to a court decision on divorce.
You deserve our professional legal assistance!
Take the first step towards your victory in a legal case on a divorce court decision, call or write to a lawyer and you will receive answers to all your questions.
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