Divorce during pregnancy in Ukraine
The divorce process in different married couples takes place in different ways, since it directly depends on the presence of children in the family, the consent of the spouses to divorce and the common property to be divided.
A special situation arises when the need for a divorce arises for the spouses (or one of them), during the pregnancy of the wife:
- if the initiator of the divorce is a person, the law prohibits divorce before the child reaches the age of 1 year
- on the initiative of the wife or with her consent to divorce, it is also not possible to break the marriage.
Also useful information on the website “Divorce Online” of the family lawyer Alexei Nikolayevich Scriabin for you may be: state duty for divorce, divorce certificate, restoration of divorce certificate, invalidity of marriage, age of marriage in Ukraine, restoration of marriage, divorce in the presence of joint minor children, refusal to divorce.
Since family legislation is based on the principle of strict protection of the rights of minors, given the fact that in the overwhelming majority of cases the child remains with the mother after the parents divorced, divorce with a pregnant wife is impossible within a year after the birth of the baby.
Even if a married woman becomes pregnant from another man (not from her husband), the application from the husband, in the absence of mutual consent, will be automatically rejected by the court – due to the impossibility of proving another paternity before the child is born.
Is it possible to get a divorce if the wife is pregnant in Ukraine
The Family Code of Ukraine restricts the right to file a statement of claim for divorce until the child is 1 year old. As soon as the child turns 1 year old and the desire to leave has not disappeared, this right can be exercised without restriction and without the approval of the other party.
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