Divorce in the registry office in Ukraine
The spouses can part in the registry office (slang term – registry office) only with mutual consent and the absence of common minor children. In the absence of at least one of these conditions, the divorce goes through the court.
The divorce procedure will also take place in the registry office if the dissolution of the marriage is envisaged on the initiative of one party, since the other party does not have the opportunity to express his desire or unwillingness to dissolve the marriage (recognized by the court as incompetent or missing, etc.).
Grounds for divorce in the registry office (registry office) in Ukraine
Divorce in the registry office (registry office) is the easiest and fastest way to dissolve family relations. Employees who select an application for divorce are not interested in the reasons for the divorce, they only receive the necessary documents, a completed application, and set the date for the next appearance of the spouse to receive a divorce certificate.
The legal grounds for divorce in the registry office (registry office) according to the Family Code of Ukraine are:
- the general consent of the spouses with the divorce and the absence of common minor children in the couple;
- the desire to leave only one of the spouses, despite the presence of minor children and common property, since the second person:
- declared incompetent (confirmed by a court decision)
- recognized by the court as a missing person.
If a married couple wants to part ways, has no dispute about children and property, but the age of the children has not reached the age of eighteen, they will still have to part in court.
Divorce through the registry office (registry office) by common consent in Ukraine
The actions of the spouses who have decided to leave peacefully will be as follows:
- Joint visit to the department of state registration of acts of civil status on the visiting day.
- Submission of the required documents:
- spouses’ passports;
- original marriage certificate;
- a receipt for the paid state duty (details are provided by the registry office (registry office) and are paid by the parties on the day the application is filed).
The state fee for the divorce procedure is 0.5 of the non-taxable minimum income of citizens from each man.
Reference! The registry office (registry office) is visited either at the place of marriage registration, or at the place of residence of the spouse at the time of the divorce.
Employees of the registry office (registry office), having considered the documents of the persons who applied, will offer to fill out an application form for divorce, which includes the following information to be filled out:
- The name of the registry office (registry office).
- Personal data about each of the spouses (full name, date and place of birth, citizenship, place of residence, passport series and number).
- Details of the marriage certificate;
- Signatures of the parties.
If the party who wants a divorce is not able to personally be present when filing an application at the registry office (registry office), this can be done by its representative by power of attorney (however, this power of attorney must be spelled out in the notarized power of attorney).
After filing an application for divorce, family law gives the spouses 1 month for reconciliation.
If the reconciliation did not take place, the couple is invited to the registry office (registry office) to receive the final document – a certificate of divorce. The parties cannot remarry until the divorce certificate is obtained.
If the spouses change their mind and do not want to leave and did not come after the end of the month to the registry office (registry office), their divorce application is automatically canceled, and the marriage continues by default.
Also useful information on the website “Divorce Online” of the family lawyer Alexei Nikolayevich Scriabin may be for you: divorce, grounds and procedure for divorce, a divorce statement, a statement of claim for divorce, documents for divorce, documents for divorce from DRACS, divorce through court, unilateral divorce, can you part without the consent of your husband or wife?
Divorce of spouses through the registry office (registry office) unilaterally in Ukraine
To part ways unilaterally, a spouse must:
- Alone, visit the registry office (registry office) on the day of the reception of citizens.
- Provide the necessary documents confirming the possibility of a unilateral divorce:
- applicant’s passport;
- marriage certificate (original);
- court decision (on incapacity, recognition as missing)
- a receipt for payment of the state fee.
The amount of the state duty for a unilateral divorce is 0.03 of the tax-free minimum income of citizens from the applicant’s husband.
- draw up a statement in the appropriate form, contains
- personal data of the parties (full name, date and place of birth, place of residence);
- passport data are filled in only in relation to the applicant;
- details of the court decision;
- details of the marriage certificate.
Despite the fact that the second of the spouses is absent for objective reasons, the legislation mandatorily provides for a measure of his notification of the upcoming divorce – the registry office employee (registry office) who accepted the application for divorce is obliged to notify the other side of the marriage relationship within three days of the date of the upcoming divorce :
- if the person is recognized as incapacitated – inform her guardian;
- if the spouse (or spouse) is considered missing – the employee of the registry office (registry office) must be notified of the divorce of the manager of the property of the missing person, and in his absence – the guardianship and trusteeship body.
Unilateral divorce is carried out at the end of a month from the date of application by one of the spouses and in his presence.
In the event that a person, recognized as missing, suddenly appears, the spouses have the opportunity to restore the broken marriage by their mutual consent. However, the restoration of marriage will be impossible if one of the spouses has already entered into a new marriage, or does not want to restore the family.
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