Registration of divorce

Регистрация расторжения брака

Family lawyer in Ukraine
Skryabin Alexey Nikolaevich
Skryabin Alexey Nikolaevich
Doctor of Law
Hello! In this article, I will tell you about the state registration of divorce in the registry office and is it possible to do this online?

State registration of divorce in Ukraine

State registration of divorce is a legal act confirming the conscious termination of a previously concluded and valid family union between spouses. To carry out such an action by the authorized bodies of the DRACS, while creating an appropriate entry in the civil registration book.

The divorce procedure itself can be implemented in different ways, but the result of it will be a special document – a certificate of divorce or a court decision.

So, the parties can dissolve the marriage both administratively (in the registry office) and judicially. Divorce through the DRACS, as a rule, is possible with the joint consent of the spouses, but in exceptional cases it can be carried out at the request of only one of them. To dissolve a marriage, it is necessary to submit applications and documents to the selected registry office or to the court.

State registration of divorce through the registry office in Ukraine

The fastest and easiest way to get a divorce is the divorce procedure through the DRACS department, the husband and wife will have to visit this state institution only twice: on the day the application is submitted and on the day the certificate of divorce is received.

The registry office is elected either at the place of registration of the marriage, or at the place of residence of the spouses (or one of them) at the time of the divorce.

However, in order to get a divorce in the DRACS body, a number of certain conditions must be met for a married couple:

  • the absence of common children who have not reached the age of majority (if the common children are already 18 years old, a man and a woman have the right to divorce in the DRAC body);
  • mutual desire to break the union (if one of the spouses is against a divorce, who is not in the registry office for a joint application, then the family union will have to be broken through the court).

However, the law still provides for the possibility of a unilateral divorce. According to the Family Code of Ukraine, a marriage can be dissolved at the request of one of the spouses, if the other spouse:

  • By a court decision, he was declared missing or incompetent.

If there are no obstacles to divorce through the registry office, the procedure for the spouses should be as follows:

Joint visit to the DRACS department.

It is important to take into account that the authorized body accepts applications, as a rule, only on working days. In anticipation of the visit, it will not be superfluous to call by phone and clarify the work schedule.

Providing a list of required documents:

  • jointly written application for divorce in the form;
  • original passports of husband and wife;
  • original marriage certificate;
  • receipt for payment of state duty.

The actual termination of the marriage and the issuance of a certificate of dissolution takes place one month from the date of the couple’s application for divorce, respectively. If during this time the spouse and husband have reconciled, they have the right not to follow the divorce certificate, that is, not to dissolve the marriage.

In this case, the marriage will not be considered dissolved, and the previously submitted application will be canceled. However, the paid state duty can be refunded only on the basis of a relevant application and the original check (receipt).

How to register a divorce unilaterally through the registry office in Ukraine

In case of a unilateral divorce, only a man who wants to file a divorce visits the registry office and presents the following documents:

  • application for divorce in the form;
  • the passport;
  • Marriage certificate;
  • receipt of payment of state duty;
  • court decision regarding the status of the second half:
  • about incapacity;
  • about the absence.

Dissolution of a marriage unilaterally is also carried out within one month from the date of filing an application in accordance with the Civil Status Registration Rule.

If a man recognized as missing suddenly appears, the marriage can be renewed upon the joint application of the spouse and spouse. But this will be done on the condition that the court decision on the status of the “missing” spouse is canceled and the second spouse did not have time to remarry.

Registration of divorce on the basis of a court decision in Ukraine

The divorce process is carried out with the obligatory appointment of court hearings, to which the spouses are called to hear the arguments of both parties. Some lawsuits, burdened with disputes about children or the division of property, drag on for long periods.

The result of the court session on the statement of claim for divorce is a court decision, which prescribes the date of termination of the marriage.

After the court decision comes into force, the former spouses must apply to the registry office to enter the relevant information in the act record, this court decision will already be the final document confirming the dissolution of the marriage.

That is, the family union is considered terminated by a court decision.

The procedure for registering a divorce on the website online in Ukraine

When Can You File for Divorce Online?

You can file for divorce via the Internet by mutual agreement, subject to the following conditions:

  • husband and wife agree to divorce and are ready to file a joint application;
  • a married couple who decides to divorce does not have minors;

It should be noted that the presence of property disputes does not prevent a divorce through the DRAC if the couple does not have minor children and each man agrees to a divorce.

We remind you that from 27.07.2010 a certificate of divorce (on the basis of a court decision) is not issued.

To invite a divorce service through the web portal “Appeal in the field of state registration of acts of civil status” you must be registered on it, go to the site and log in to your personal account. The web portal account must be verified.

If an application for divorce is filed by mutual agreement, then, in fact, the spouses go through a full divorce cycle: from filing an application to obtaining a certificate in the DRACSI authorities, the service provision period is approximately 30 days. However, in order to obtain a certificate of divorce, you will have to personally apply to the DRACS authorities.

To file for divorce by mutual consent through the online portal, the following steps must be taken:

  • In the catalog, select the section “Application for state registration of divorce”
  • Select the type of application “On the dissolution of the marriage of spouses without children”;
  • Select the required body of the DRAC;
  • Choose a convenient day and time;
  • Fill in the information about the husband and wife;
  • Add (attach) documents to the application;
  • Appear in person at the DRACS office on the day and time you choose.

Also useful information on the website “Divorce Online” of the family lawyer Alexei Nikolaevich Skryabin may be for you: is it possible to get a divorce without the consent of a husband or wife? , state duty and court fee for divorce, certificate of divorce, restoration of a divorce certificate, recognition of marriage as invalid in Ukraine, age of marriage in Ukraine, restoration of marriage, divorce in the presence of common minor children under 18 years old, divorce in Ukraine without a lawyer ( independently), refusal to dissolve the marriage.

How much does a divorce cost in Ukraine

The amount of the state fee for the dissolution of a marriage and the issuance of a relevant certificate does not depend on the region and city of residence, since it is determined by the Tax Code of Ukraine in a single amount for the whole country.

However, if the termination of the marriage takes place in court, the initiator of the termination of the marriage will also need to pay a court fee for filing a claim for divorce. Also, the final cost of a divorce is affected by the presence of a dispute over the division of the jointly acquired property of the spouses.

Services of a family law lawyer in Ukraine

  • A family lawyer will provide you with legal advice and help you draw up all the necessary documents for state registration of divorce.
  • We are responsible for the quality of legal services and guarantee a positive result.
  • With the help of the services of a family lawyer or a lawyer, your case of state registration of divorce will be resolved more professionally and quickly.
  • By contacting us, you are guaranteed to receive professional legal assistance in state registration of divorce.

Take the first step towards your victory for state registration of divorce, call or write to a lawyer and you will receive answers to all your questions.

Family lawyer in Ukraine
Scriabina Daria Sergeevna
Scriabina Daria Sergeevna
PhD in Law
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Useful site materials rozluchennya-onlain.com.ua:

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