Divorce Laws in Ukraine
The system of regulatory legal acts in force on the territory of Ukraine is diverse. Its set depends on the scope of regulation. This also applies to family law, in particular, to divorce proceedings. Fundamental of such documents in this area are the Family Code of Ukraine and the Civil Code of Ukraine. They contain the basic concepts and provisions governing this issue.
However, the divorce procedure itself is described in the Procedure for registration of acts of civil status, as well as in the Civil Procedure Code of Ukraine. In accordance with all of the above acts, there are also special rules, for example, the Law of Ukraine On the Court Fee, as well as many by-laws. Let’s try to consider the main ones.
Family code for divorce in Ukraine
One of the legislative acts in Ukraine regulating the divorce process is the Family Code of Ukraine. It is in it that you can see the following provisions:
- grounds for termination of marriage;
- the ability to determine the body where you need to apply with the appropriate application;
- cases and procedure for the implementation of such a process based on the characteristics of the subject composition;
- moment of legal termination of marriage;
- possibility of its restoration.
Speaking briefly about these provisions, it should be noted that the termination of a marriage is carried out in connection with the death of one of the spouses (or his recognition as dead), as well as through its dissolution in the prescribed manner. At the same time, the decision of the spouses to divorce can be either general or unilateral. Depending on this, one should distinguish between a judicial procedure and termination in the registry office.
In the “administrative” order, the divorce process is faster, but it is not always possible to use it. Cases of divorce with the help of the registry office are directly enshrined in Chapter 11 of the Family Code of Ukraine.
Divorce legislation in Ukraine
Example
The presence of the consent of both spouses and the absence of common minor children; in any case where one of the spouses is declared missing or incompetent.
In all other cases, divorce is carried out only in court. Moreover, spouses can always have questions regarding the division of property, determining the place of residence and the procedure for communicating underage children, collecting alimony, therefore, the legislator has established that regardless of which body the marriage of such persons is broken, the solution of these issues is always within the jurisdiction of the court. The regulation of these issues is not limited to Chapter 11 of the Family Code of Ukraine.
Thus, the Family Code of Ukraine is a special law that lawyers and ordinary citizens should directly follow when deciding on a divorce.
Civil code for divorce in Ukraine
The Family Code expressly provides for cases when the norms of civil legislation of Ukraine can be applied to family relations. In particular, this applies to property and personal non-property relations, unless these norms contradict their essence. Divorce is no exception to this rule. Here it is necessary to single out only the first part of this act, which sets out general provisions on the existing institutions of civil law.
Consequently, the Civil Code of Ukraine does not directly indicate that this or that norm refers to divorce. This can only be understood in conjunction with the norms of the Family Code. This may include the following:
- Regulation of the right and legal capacity. Declaring a person incompetent.
- Declaring a citizen dead or recognizing him as missing, as well as restoring the rights of these persons in the event of their appearance.
- List of acts of civil status.
- The regime of common joint property of the spouses.
Based on the foregoing, it is necessary to conclude that these norms, although they carry an additional information load, are not inferior in their significance to the norms of the family legislation of Ukraine.
Example
Without knowledge of the legal capacity of a person and the procedure for declaring him incompetent, one of the spouses may have problems in terminating a marriage with him.
Law on state registration of acts of civil status in Ukraine
Another important legislative act in the field of regulating the issue of termination of marriage is the Law of Ukraine No. 2398-VI dated July 1, 2010 “On State Registration of Civil Status Acts”. This law was adopted accordingly and in pursuance of the requirements stipulated by the norms of the Civil Code of Ukraine and the Family Code of Ukraine.
According to the Family Code of Ukraine, it is the main one in regulating the divorce proceedings in the registry offices. Here you need to provide information such as:
- The basis for the dissolution of a marriage is only a joint application of the spouses, one of them (in the cases provided for by the Family Code of Ukraine), as well as the entry into force of a court decision.
- Registration of this fact is carried out at the place of residence of these persons or at the place of marriage registration.
- Detailed regulation is given on how this act of civil status is recorded, the procedure for issuing and issuing a corresponding certificate.
It is necessary to dwell in more detail on the procedures for dissolution of marriage, depending on the subject composition. First of all, here it is necessary to note the general provisions among them:
- submission of the relevant application;
- presentation of an identity document, as well as a marriage certificate;
- establishment by the registration authority of a monthly period (as a rule, for considering the decision).
The differences between these processes are as follows:
- presentation of additional documentation (for cases of unilateral termination – a court decision on recognizing one of the spouses as missing or incapacitated);
- the registering body without fail notifies the guardian (or the body of guardianship and trusteeship), as well as the manager of the property of the second half, in established cases;
- at the very fact of registration of the dissolution of marriage, at least one of the spouses may be present (with their joint application), and without fail the applicant himself – in case of unilateral dissolution.
Another point indicated by this legislative act is that all submitted applications, as well as issued certificates, certificates, including those related to divorce, are strictly unified.
Example
Order of the Ministry of Justice of Ukraine No. 1904/5 of November 13, 2014 “On approval of the Procedure for providing forms of certificates of state registration of acts of civil status of departments of state registration of acts of civil status of departments of state registration of interregional departments of the Ministry of Justice of Ukraine, in the territories of which anti-corruption is carried out”, Order of the Ministry of Justice of Ukraine No. 1578/5 dated October 29, 2012 “On approval of the Procedure for keeping records and reporting on the use of forms of certificates of state registration of acts of civil status, as well as their storage” and others.
Court fee for divorce in Ukraine
The current legislation of Ukraine indicates that a court fee or state duty must be paid for the registration of a divorce in accordance with the requirements of the Law of Ukraine “On the Court Fee”. At the same time, it must be paid regardless of whether the divorce is carried out in the registry office or in court.
Recall that according to the Law of Ukraine On the Court Fee, the state fee is understood as a fee levied on persons applying to a particular body, official for the performance of legally significant actions.
In view of the foregoing, in accordance with the Law of Ukraine On the Court Fee for Divorce, the following amounts of fees are provided for:
- with the general consent of the spouses (without children), 0.5 tax-free minimum income of citizens, which is 8 UAH.50 kopecks.
- upon unilateral termination (on the grounds specified by the current legislation of Ukraine) – 0.03 tax-free minimum income of citizens, which is 0.51 kopecks.
- the court fee for divorce in court in 2022 is 908 UAH. 00 kop.
Payment of the state duty/court fee in this case is made before the submission of the relevant documents for consideration by a particular body. At the same time, it is important to take into account the fact that its size also includes services for issuing the relevant certificate.
An important circumstance in connection is the fact that the very legal essence of the state duty, which is referred to in the Tax Code of Ukraine, with this approach loses its meaning and becomes a certain “penalty”, which is unacceptable in the framework of family legal relations. Therefore, this legislative initiative was not adopted and the corresponding law does not exist today.
Also, useful information on the website “Divorce Online” of the family lawyer Alexei Nikolaevich Skryabin may be for you: 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, documents for divorce through the court, documents for divorce through the registry office, divorce through the court, divorce in the registry office, divorce unilaterally .
Divorce Lawyer Answers
Is it true that they want to significantly increase the size of the state duty for divorce?
Currently, in accordance with the Tax Code of Ukraine, the size of the state duty for the dissolution of a marriage is established, its size varies depending on the basis for its implementation. Moreover, if there is an increase, it will be insignificant.
The procedure for dissolution of marriage by law in Ukraine
When considering the topic of laws governing the divorce process in Ukraine, it is necessary to dwell on the following points:
The basics of family legal relations are regulated only by the Family Code of Ukraine, in parts that do not contradict it – by the Civil Code of Ukraine.
The procedure for dissolution of marriage is indicated in the procedural documents: the Law of Ukraine “On the registration of acts of civil status” – for the bodies of the GRATSS, the Civil Procedure Code of Ukraine – for the court.
Useful site materials rozluchennya-onlain.com.ua:
- Marriage with minors
- Grounds for declaring a marriage invalid
- Divorce with a foreigner without his presence
- Certificate of divorce by court order
- Registration of divorce
- Replacing documents when changing a surname after a divorce
- Deadline for reconciliation of spouses
- Replacing a passport after a divorce
- The moment of termination of marriage during divorce
