- Is it possible to divorce without the consent of the husband or wife in Ukraine?
- Court or registry office – where to apply in Ukraine?
- What documents are needed for a divorce without the consent of the husband in Ukraine?
- Divorce through court if one of the spouses disagrees in Ukraine
- Is it possible to get a divorce if the wife is pregnant or the child is under 1 year old in Ukraine
- Divorce with a 1-year-old child in Ukraine
- Features of divorce through a court on behalf of in Ukraine
Is it possible to divorce without the consent of the husband or wife in Ukraine?
In Ukraine, in most cases, the consent of both parties is not required for a divorce (although in some cases it is necessary). If one of the spouses does not agree to a divorce in the registry office, then the second can achieve his goal in court by filing an application with the court, having previously prepared the necessary documents. If it is found that it is not possible to keep the family together, the court will decide in favor of the plaintiff.
An exception is the situation when a person wishes to part with his pregnant wife or if their joint child is under 1 year old.
It is a mistake to believe that the widespread explanation of “disagreement” will suffice. Reasons supported by evidence, the court may consider valid, play a greater role than an unreasonable desire to break off relations.
Court or registry office – where to apply in Ukraine?
If one of the spouses wishes to dissolve the marriage, one should go to court, if it is necessary to decide the question of who the children will remain with and the “property issue”.
This usually means the court at the place of residence of the defendant. But if the plaintiff, due to health reasons, finds it difficult to travel to the defendant’s place of residence, or if a minor child lives with him, the claim may be filed in court at the plaintiff’s place of residence.
At the request of only one person, you can leave through the registry office only in the following cases, provided for by the Family Code of Ukraine:
- a person is considered missing;
- declared incompetent by the court.
At the same time, it does not matter if such couples have minor children.
Also useful information on the website “Divorce Online” of the family lawyer Alexei Nikolayevich Scriabin for you may be: 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, divorce in the registry office, unilateral divorce.
What documents are needed for a divorce without the consent of the husband in Ukraine?
The list of documents required for divorce in court is as follows:
- a statement of claim for divorce (alcohol abuse, abuse, adultery, etc.)
- Marriage certificate;
- birth certificate of a child;
- receipt of payment of the court fee;
- the plaintiff’s passport and taxpayer code (if a representative acts on behalf of the plaintiff, then in addition to his passport, a power of attorney is also required).
You can also supplement the list of documents with an agreement on the procedure for exercising parental rights (on the procedure for communicating with a child), on the division of property, on the payment of alimony.
It is also advisable to attach certificates or other documents confirming the reason for the dissolution of the marriage to the application as evidence of your arguments for divorce. It is imperative to attach copies of all documents.
Divorce through court if one of the spouses disagrees in Ukraine
A divorce through a court takes longer than through a registry office. The specific time frame depends on various factors.
The judge accepts the application for divorce, makes a decision and appoints a preliminary court session. On it, the judge determines whether there is enough evidence in the case, determines the existing value for the correct consideration of the case, the circumstances and examines the facts of missing the terms of appeal to the court, as well as the statute of limitations.
Further, the court, in most cases, fixes the period for reconciliation of the spouses, which can be no more than six months. Also, any of the spouses can initiate several times for the court to postpone the consideration of the case, but the total period should also not exceed six months. It is possible to shorten the period of reconciliation if the court presents valid reasons (evidence of violence by the husband, etc.).
If, after the expiration of the term, at least one person still requires a divorce, the marriage is dissolved.
If one of the parties is absent from the session, the case can be considered without her, if she asks the court about it and indicates her position on the case. Or a new date is assigned. However, if the defendant does not come three times without a good reason, the court will dissolve the marriage automatically.
If both parties do not appear in court, the case is closed and the marriage remains valid.
Is it possible to get a divorce if the wife is pregnant or the child is under 1 year old in Ukraine
According to the Family Code of Ukraine, a man has no right to initiate the divorce process without the consent of his wife if she is pregnant or if the family has a child under one year of age. Even if such a claim is filed, the court will reject it. This does not apply to cases where the child was born still or did not live to be one year old.
According to the Family Code of Ukraine, a person is recognized as a father if the child was born in marriage, as well as within 365 days from the date of divorce. In such a situation, divorce within a year after the birth of the child is impossible without the consent of the wife. As for a woman, she can file for divorce both during pregnancy and having a child under one year of age.
However, a person can appeal his paternity at any time after the birth of a child. If a person provides evidence that the biological father of the child is not he, then the marriage can be broken off without waiting for 1 year. Also, if another person submits an application to the court for the recognition of paternity and proves that he is the biological father, the marriage can be broken off without waiting for 1 year.
Divorce with a 1-year-old child in Ukraine
If the child was born in marriage, and a person was registered as the father in accordance with the “presumption of paternity”, can he file for divorce before the child reaches 1 year old, if before that he appeals his paternity in court?
Indeed, according to the law, paternity can be appealed at any time after the birth of a child, including by reaching 1 year of age. The Family Code of Ukraine is not specified, the prohibition on divorce within a year after the birth of a child without the consent of the wife applies to such situations. If it is proved in court that a child under 1 year old is not common, can a man file for divorce on a common basis?
If the parties are married, then the mother’s husband is “automatically” recorded as the child’s father in any case. However, any person has the right to legal protection of his rights – including the father, in fact, he is not, has the right to challenge paternity.
By silently describing the specific origin of the child, the legislator means that the father and mother will have a joint child, because by the time paternity is challenged, she will be like that (as it is written in the birth certificate). So, if, in the early period after the birth of the child, the father appeals against paternity in court and had no involvement in his birth, then he has the right to initiate a divorce.
But, as a rule, claims to appeal paternity are considered for a long time (at least three to four months), since a molecular genetic examination (DNA test) is always assigned to the case, which takes a lot of time. It may happen that by that time the child will already be 1 year old, and it will be possible to part on a general basis (but dispute over paternity will still be necessary to exempt from alimony).
An exception would be this situation: a woman and a man are not married, and a woman gives birth to a child from another. A man, knowing this, still establishes paternity in the registry office, and then registers a marriage with this woman. In such circumstances, it is impossible for a man to part and challenge paternity without the consent of his wife, since he voluntarily became a father, knowing all the circumstances of the case.
Features of divorce through a court on behalf of in Ukraine
When a man and a woman cannot or do not want to directly participate in the divorce process, they have the opportunity to act through a representative, whose authority must be expressed in a notarized power of attorney.
With a power of attorney, a representative can draw up and file a statement of claim, submit the documents necessary for divorce, and also participate in court sessions, if this is indicated in a separate paragraph. Also, the person acting in this role must have identity documents with him.
As representatives in court can act capable persons, endowed with such powers. In cases on this issue, family lawyers and lawyers are most often the representatives.
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