Grounds and procedure for dissolution of marriage

Grounds and procedure for dissolution of marriage

Grounds and procedure for dissolution of marriage in Ukraine

According to statistics, every third family union breaks up within three years after the conclusion. At some point, the spouses realize that they can no longer be together. In all cases, making the decision to divorce is not easy, as well as going through all the procedures, without which it will be impossible to feel free again.

However, in certain cases, a marriage can be dissolved (terminated) quickly and easily. This happens when you contact the registry office. Compared to the complex and confusing procedure for terminating a marriage in court, the administrative procedure for terminating a marriage can be called the most convenient option for all parties.

The grounds for divorce in the registry office are:

  • Joint statement of the spouses on dissolution (termination) of marriage (in cases where they do not have common children who have not reached the age of majority)
  • An application by one of the spouses to terminate (dissolve) the marriage, as well as a court decision that has entered into legal force, according to which the spouse is recognized as missing or incompetent;
  • The court decision, which entered into legal force on the dissolution of the marriage.

Also useful information on the website “Divorce Online” of the family lawyer Alexei Nikolayevich Scriabin for you may be: divorce, a divorce statement, a statement of claim for divorce, documents for divorce, documents for divorce from DRACS, divorce through court, divorce in the authorities Registry office, unilateral divorce, can you part without the consent of your husband or wife?

Administrative order in Ukraine

Administrative order in Ukraine

So, the administrative procedure for the termination of marriage is provided for those families who mutually agree to divorce, do not have common minor children. If one of the spouses is recognized as missing or incompetent, the marriage can be dissolved at the request of the other spouse in the administrative procedure, regardless of whether the spouses have common minor children. In such cases, the consent of the incapacitated husband to terminate the marriage is not required.

If there is a court decision that has entered into legal force on the dissolution of the marriage, then the registry office is obliged to enter the relevant information into the deed and dissolve the marriage.

It is also important to point out that all disputes arising in the process of divorce (for example, disputes over the division of property or the payment of alimony) are resolved exclusively in court.

Procedure in Ukraine

Procedure in Ukraine

If there are grounds for an administrative divorce, you must contact the registry office. Civil registration authorities are the executive structures of power, registering the main facts that are important to citizens (family relations, birth, death, name change). In Ukraine, there are territorial departments of state registration of acts of civil status. So, having made the decision to leave, you need to determine exactly where you should go for this.

The administrative termination of the marriage union is carried out either at the place of residence of the spouses (or one of them), or at the place where the marriage relationship was concluded.

Required documents in Ukraine

Required documents in Ukraine

To terminate (terminate) family relationships, you must collect the following documents:

  • A statement drawn up jointly by interested parties (while they together sign one document indicating the date of its preparation), or in the form of separate documents (a separate notarized statement can be accepted from the applicant, cannot appear in person at the registry office). The application must indicate:
  1. surname, name, patronymic, citizenship, date and place of birth, as well as place of residence of each of the applicants;
  2. details of the record of the marriage registration act;
  3. what surnames are chosen by each of the applicants upon termination of the relationship between them;
  4. details of the documents proving the identity of the applicants.

A copy of the court decision, which has entered into legal force, according to which the spouse is recognized as missing or incompetent;

  • A document confirming the payment of the state fee for divorce, paid by each of the applicants, or the fee that is paid by a person who applies unilaterally if the other spouse is recognized as missing or incompetent.
  • If necessary, the application also displays information about the guardian of the incapacitated spouse, about the property manager of a person recognized as missing. The registry office must, within 3 days, warn either the other spouse, or the persons representing him, that an application for divorce has been submitted.

All of the listed documents can be submitted directly to the authority structure, or added during the consideration of the case.

The moment of termination of a marriage upon its dissolution in Ukraine

The moment of termination of a marriage upon its dissolution in Ukraine

After submitting an application for the termination of the marriage relationship and all the necessary documents to the registry office, a certain period must pass, after which the marriage relationship will be considered officially terminated. As a rule, the terms for dissolution (termination) of marriage are equal to one month. Marriage relations are considered terminated after a corresponding entry is made in the DRACS book, when a divorce certificate will be issued to each of the former spouses.

In the event that the fact of termination of family relations is only administratively registered, the dissolution of marriage by a court decision is considered terminated from the moment the court decision enters into force.

If the article “Grounds and procedure for divorce” was useful to you, please like it. We will provide you with the most relevant and useful information in the field of family law, as well as on current changes in the legislation of Ukraine.

Useful site materials rozluchennya-onlain.com.ua:

  1. Divorce certificate
  2. State fee and court fee for divorce
  3. Is it possible to divorce without the consent of the husband or wife?
  4. Unilateral divorce
  5. Divorce in the registry office
  6. Divorce through the court
  7. Divorce documents through the registry office
  8. Divorce documents
  9. Statement of claim for divorce
  10. Divorce petition
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