Family Code in Ukraine | Divorce according to the Family Code of Ukraine 2022

Contents

Family code on divorce in Ukraine
Grounds for termination of marriage according to the Family Code in Ukraine
Grounds for state registration of divorce in Ukraine: Family Code
The procedure for dissolution of marriage according to the Family Code in Ukraine
Alimony and division of property in case of divorce according to the Family Code in Ukraine
Resumption of marriage according to the Family Code in Ukraine
Answers of a lawyer about divorce according to the Family Code in Ukraine
Divorce proceedings in Ukraine: Family Code

Family lawyer in Ukraine

Skryabin Alexey Nikolaevich

Doctor of Law

Hello! In this article, I will tell you about what the Family Code of Ukraine says about divorce.

Family code on divorce in Ukraine

The Family Code is the most important normative act regulating the process of divorce proceedings.

They establish the circumstances that allow divorce in the registry office and in court.
The mechanisms for protecting the property rights of former spouses are regulated – the procedure and grounds for assigning alimony, the procedure for dividing the common property of spouses, etc.

In addition, cases and conditions are determined when the restoration of an already dissolved marriage is allowed, as well as many other legal aspects of the divorce process in Ukraine are regulated.

Grounds for termination of marriage according to the Family Code in Ukraine

According to the provisions of Article 104 of the Family Code of Ukraine, the legislator establishes an exhaustive list of legal facts, the occurrence of which may serve as a basis for terminating previously registered marital relations. Any other facts of circumstances exclude the possibility of their termination. At the same time, the person initiating the divorce proceedings is not given the right to choose the procedure for terminating the marriage – in court or through the registry office, this procedure is determined by the legislator himself.

The actual termination of marital relations without compliance with the registration procedure established by law cannot entail the legal termination of marriage, regardless of the period of time during which such marital relations are absent.

The following grounds for termination of marriage should be distinguished:

Death of one of the spouses. This legal fact is confirmed by a death certificate issued by the registry office. Registration of termination of marriage by any special document is not required, it terminates automatically, from the moment of death.
Declaring one of the spouses dead. This fact can be confirmed by a court decision that has entered into force or death certificates issued on its basis. No additional registration of the termination of marriage is required. According to Article 46 of the Civil Code of Ukraine, a citizen can be declared dead if at his place of residence they are not aware of his stay for 3 years, and also if he went missing under circumstances that threaten his life – within six months.
With regard to the disappearance of a person in connection with the commission of hostilities, it is possible to declare him dead after two years from the moment they end. In all cases, the day of death of a citizen is recognized as the day the court decision enters into legal force, and if it establishes the day of the alleged death, such a day.
Dissolution of marriage (divorce). This fact is confirmed by a certificate of divorce issued by the registry office or a court decision that has entered into force.

Grounds for state registration of divorce in Ukraine: Family Code

Grounds for state registration of divorce in accordance with the current legislation of Ukraine:

joint application of spouses who do not have minor children;
application of one of the spouses, filed on the basis of a valid court decision declaring the other spouse dead, incapacitated or missing;
court decision for divorce.

A marriage is considered dissolved from the moment the divorce is registered or from the moment the relevant court decision comes into force.

Among the circle of persons who can initiate the dissolution of a marriage, one should distinguish between one of the spouses, spouses in the event of their common consent, as well as the guardian of the spouse appointed by the relevant court decision. It should be remembered that an action for dissolution of a marriage cannot be brought during the wife’s pregnancy and within one year after the birth of a child, except in cases where one of the spouses committed illegal behavior containing signs of a criminal offense against the second spouse or child.

The procedure for dissolution of marriage according to the Family Code in Ukraine

The provisions of the Family Code of Ukraine provide for a list of bodies whose competence includes the dissolution of a marriage. As the main method of conducting a divorce process, an administrative procedure is considered, that is, through the state registration of acts of civil status. In the event of the most difficult, conflicting and responsible situations, the divorce procedure is carried out in court.

Regardless of the procedure for dissolution of a marriage and the body that carries out this procedure, the very dissolution of a marriage is permissible no earlier than after a month has passed from the date of submission of the relevant application to these bodies.

Thus, according to the Family Code of Ukraine, the administrative procedure for registering a divorce provides for its implementation in the registry office, in the following cases:

The presence of mutual consent of the spouses;
Recognition of one of the spouses as missing (deceased);
Recognition of one of the spouses as incompetent.

If there is mutual consent to the dissolution of the marriage, the spouses submit to the registry office a common, and if it is impossible to submit simultaneously – divisible applications, without indicating the reasons for the divorce. In all other cases, the dissolution is carried out on the basis of the application of the spouse, at the same time with which he will have to provide a court decision confirming his ability to unilaterally dissolve the marriage.

According to the Decree of the Cabinet of Ministers of Ukraine dated 21.01.1993 No. 7-93 “On the State Duty”, a state duty is charged for state registration of divorce. Its size, by common agreement, is 0.5 of the tax-free minimum income of citizens, which is 8 hryvnia.50 kopecks, if presented by one of the spouses – 0.03 of the tax-free minimum income of citizens, which is 0.51 kopecks.

The provisions of the Family Code of Ukraine determine the list of grounds for divorce in court:

the presence of common minor children;
The absence of one of the spouses consent to the dissolution of the marriage;
Evasion of one of the spouses from conducting a divorce process in the registry office.

The basis for consideration of such cases in court is the statement of claim of one of the spouses. In addition to the demand for divorce, this application may also require the division of common property and the appointment of alimony.

Before filing such a statement of claim, the plaintiff must pay a court fee, the amount of which for 2021 is UAH 908. 00 kop.

Alimony and division of property in case of divorce according to the Family Code in Ukraine

Conducting a divorce process in most cases is accompanied by the resolution of a number of issues of a property nature, in particular, the observance of the property rights and interests of each of the spouses. Most often, these issues relate to the possibility of collecting alimony and the division of property of former spouses.

According to Article 76 of the Family Code of Ukraine, each of the former spouses, in the presence of one of the grounds indicated in the article, is granted the right to receive alimony from his former spouse who has the necessary means for this. The question of the appointment of alimony to a former man is subject to judicial review.

The legislator grants the right to assign alimony to the following categories of needy ex-spouses:

Ex-wife within three years of the birth of their common child;
The former of the spouses, who became incapacitated for the dissolution of the marriage or within a year from the date of the divorce;
For a former man who reached the general retirement age within five years after the dissolution of the marriage, with a long stay in marriage (at least 10 years).

The alimony payable by the ex-husband is determined by the court based on the financial situation of each of the parties to the process, is assigned in a fixed amount of money or as a share of the alimony payer’s earnings (income) and is subject to monthly payment. However, ex-wives are also given the opportunity to independently determine the amount and frequency of maintenance support by concluding an agreement on the payment of alimony.

Regarding the division of property, according to family law, it is permissible both voluntarily and in court. The voluntary procedure provides for the conclusion by the former spouses of an agreement on the division of property, which can also be notarized. The judicial procedure is applied within three years from the date of dissolution of marriage.

As part of such a process, the court determines the property to be transferred to each of the spouses. If the transferred property exceeds the amount of the part subject to it, then the spouse who received it is obliged to compensate for such a discrepancy. The property of minor children is transferred to the man with whom such a child lives without compensation.

Example

Citizen P filed an application for divorce with citizen B. Since these citizens have a common one-year-old child, the divorce process is carried out in court. The divorce was carried out by common consent of the spouses, so the court did not have any additional questions in this regard.

Together with the main requirement, P asked the court to assign him alimony for the maintenance of a minor child and for him while he is on maternity leave. However, P refused to support his ex-wife. Despite this, guided by family law, the court decided to dissolve the marriage, as well as to recover from V in favor of Palements, for the maintenance of the child, in the amount of ¼ of the income, and for the maintenance of P herself, in the amount of 5 thousand UAH, up to the child reaches three years of age.

Resumption of marriage according to the Family Code in Ukraine

Family law provides for the restoration of a previously dissolved marriage in only one case – when a person, recognized by the court as dead or missing, appeared and declared himself or his new place of residence was discovered. The appearance of the said person or his identification entails the annulment of the court decision that declared him dead or missing.

A new court decision annulling a court decision that declared a person dead or missing is the reason for deleting an act record of his death.

The resumption of marriage is allowed only when there is a mutual desire of the spouses and a joint statement. There are a number of conditions under which, in the event of the appearance of the missing person, the marriage can be renewed:

Consent of both spouses;
the presence of a court decision that cancels the status of a missing person;
Absence of a new marriage of the second spouse.

Any additional formalities, except for filing a joint application, the procedure for the resumption of marriage does not require.

Also, useful information on the website “Divorce Online” of the family lawyer Skryabin Aleksey Nikolaevich for you may be: divorce during pregnancy, quick divorce in Ukraine 2022, divorce and children, documents for divorce with children, how are children divided during a divorce ?, division of property during divorce with children, separation of an apartment during a divorce with a child, communication with a child after a divorce, settlement agreement on children in court, divorce lawyer.

Answers of a lawyer about divorce according to the Family Code in Ukraine

My husband and I divorced 2 years ago. All this time after the divorce, I lived with my parents, being depressed, although my ex-husband lived with his new wife in an apartment bought with our common money. Tell me, have I already missed the opportunity to get my part of the common property, or not? If not, how to do it?

According to the Family Code of Ukraine, each of them has the opportunity to demand the division of the common property of the spouses within three years from the date of violation of the right. To implement these requirements, you need to file an appropriate statement of claim with the district court, at the place of residence of the defendant or at the location of the disputed property. It is necessary to add to it documents on the conclusion / breakup of marriage, as well as documents on property.

Divorce proceedings in Ukraine: Family Code

Divorce proceedings always require respect for the rights and interests of each of the spouses, regardless of the grounds for its conduct. The provisions of the Family Code relating to this procedure fully allow this. Moreover, in relation to the spouses most vulnerable to divorce, the legislator establishes additional guarantees of their property and non-property rights, taking into account the possibilities of less vulnerable spouses.

Family lawyer in Ukraine