Divorce from an incompetent husband

Развод с недееспособным мужчиной

Family lawyer in Ukraine
Skryabin Alexey Nikolaevich
Skryabin Alexey Nikolaevich
Doctor of Law
Hello! In this article I will tell you about how to dissolve a marriage with an incompetent husband in Ukraine.

Divorce from an incompetent husband in Ukraine

According to the norms of the Family Code of Ukraine, there is a rule that a marriage with an incapacitated person, recognized in such a manner established by law, can be terminated in the registry office unilaterally, that is, without his presence.

To do this, the applicant (the other party) needs to collect a package of documents and contact the DRACS department.

Despite the rather simple procedure for registering such a process, it is characterized by some nuances.

Dissolution of marriage with an incompetent husband in Ukraine

Any person is not protected from such a situation when he marries a perfectly healthy person, and when he later, for whatever reason, gets a mental disorder, as a result of which he can neither understand the meaning of his actions, nor control them. This leads to the fact that he should be declared legally incompetent in accordance with the Civil Code of Ukraine.

Not always the other spouse is ready to live with such a person, as before. Therefore, for him, the question of the possibility of dissolution of a marriage with this person becomes acute. According to the Family Code of Ukraine, one of the grounds for terminating a marriage is the application of one of the spouses for the implementation of this procedure.

According to the Family Code of Ukraine, as well as the Rules for State Registration of Civil Status Acts, divorce due to the incapacity of one of the spouses is carried out in the registry office. At the same time, the presence of minor children in a married couple or the lack of consent of this spouse to a divorce does not play a role.

Such a divorce process includes the following stages:

  • collection of necessary documents;
  • payment of state duty;
  • filing an application for divorce;
  • preparatory actions performed by the registrar;
  • obtaining a certificate of divorce.

The main thing to pay attention to here is that the above application and the necessary documents are submitted directly to the registry office at the place of residence of the spouses, one of them or at the place of marriage registration.

After they are accepted and the immediate date of the divorce is set, the registrar within three days notifies the guardian of the incapacitated man (if any) or the guardianship and care authority about the upcoming divorce proceedings.

It is important to note that the registration of divorce in this case will be carried out no earlier than after a month and only in the presence of the applicant himself (representation is not allowed). In this case, this period begins to be calculated from the moment the application is submitted by a capable man.

The divorce process ends with the issuance of an appropriate certificate of divorce.

How to divorce an incompetent husband in Ukraine?

As noted earlier, one of the stages of the divorce process with a legally incompetent person is the collection of the necessary documentation, which must be submitted to the registration authority. Such documents, as required, include the following:

  • An application in an approved form. In particular, it must contain information about the spouses, the marriage, the grounds for its dissolution, the presence of minor children, details of the
  • applicant’s identity document, signature, date of compilation, as well as information about the guardian of the incapacitated spouse.
  • An identity document of the applicant (as a rule, we are talking about a passport).
  • Marriage certificate.
  • Receipt confirming the payment of state duty.
  • A court decision that has entered into force, confirming the fact that the second spouse is recognized as a legally incompetent person.

The state duty in case of a divorce from an incompetent man indicates that for the performance of registration actions, including those related to divorce proceedings, applicants are charged a state duty in accordance with the norms of the current tax legislation.

The order and size of the state duty are established by the Law of Ukraine On the Judicial Fee. Their amount upon termination of a marriage with an incapacitated person is 0.03 of the non-taxable minimum income of citizens. The Law of Ukraine On the Court Fee provides for exemption from the payment of state duty for certain categories of persons.

Dissolution of marriage with an incompetent spouse through a court in Ukraine

Given the moment that the registrar informs the guardian of an incapacitated man about a divorce, he, in turn, given the freedom of his ward, in response, may state some controversial issues related to this event. In this case, we can talk about the following:

  • division of jointly acquired property;
  • payment of certain funds if the other spouse is unable to work;
  • controversy about children.

In any of these cases, these issues are resolved only in court. However, they do not affect the divorce process itself, that is, even if they are available, the registrar will terminate the marriage within the period established by law.

How to dissolve a marriage with an incompetent spouse in Ukraine?

I want to divorce an incompetent man, but he does not give me his consent to this. We also have a minor child. Where should I apply?

In this case, the presence of minor children and the absence of your spouse’s consent to divorce does not play a role in terminating the marriage. You can independently submit an appropriate application to the registry office in accordance with the IC of UKRAINE.

Can the divorce procedure with an incompetent spouse be terminated if her guardian filed a lawsuit related to the division of property and the establishment of a regime for communicating with children?

No, this circumstance does not affect the procedure for filing a divorce itself.


When considering the issue of the possibility of dissolution of a marriage with a person recognized as incapacitated, I would like to once again draw attention to the following circumstances:

Divorce in the bodies of the DRACS.

It is characterized by the presence of a statement from only one of the spouses, as well as his direct participation in the actual registration of a civil status act.

The applicant must obtain a court decision recognizing the second spouse as a legally incompetent person.

It is obligatory to inform the guardian or body of guardianship and guardianship of such a person.

Also useful information on the site “Divorce Online” of the family lawyer Skryabin Aleksey Nikolaevich for you may be: divorce with division of property in Ukraine, how to divorce a husband without his consent, divorce without the consent of his wife, divorce by mutual consent, how and where to file for divorce online, how to divorce your wife, how to divorce your husband? , divorce proceedings, divorce at the request of the guardian of one of the spouses, court fee for divorce in court.

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 documents for a divorce from an incompetent man.
  • 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 with an incompetent man will be resolved more professionally and quickly.
  • By contacting us, you are guaranteed to receive professional legal assistance in divorce from an incompetent man.

Take the first step towards your victory in a legal divorce case with an incompetent man, call or write to a lawyer and you will receive answers to all your questions.

Family lawyer in Ukraine
Scriabina Daria Sergeevna
Scriabina Daria Sergeevna
PhD in Law
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