- Restoring marriage in Ukraine
- Family lawyer in Ukraine
- Grounds for the restoration of marriage in Ukraine
- The procedure for the restoration of marriage in Ukraine
- Interference in the restoration of marriage in Ukraine
- Family lawyer in the restoration of marriage in Ukraine
- Frequently asked questions to a lawyer in Ukraine
Restoring marriage in Ukraine
Restoration of marriage is a legal right of persons who registered their union with the registry office, which was canceled through the recognition by the court of one of the spouses as missing or deceased, to restore the registration of family relations in the event of the appearance of the absent husband.
The re-conclusion of a marriage between the same persons during its dissolution should not be confused with the restoration of marriage, since legally and procedurally these are completely different procedures. In the case of restitution (restoration) of a family union, it is considered restored from the moment of initial imprisonment, and the term of an official divorce is fully included in the total “marital experience,” as if the marriage had not been broken at all.
It is possible to restore a previously dissolved marriage (in accordance with the provisions of the Family Code of Ukraine) only if a person appears, when recognized by the court as deceased or missing, provided that the desire of the spouses to restore the marriage coincides and one of them has not entered into a new marriage relationship.
Recall that it is possible to dissolve the marriage unilaterally in one of those cases when one of the parties is recognized by the court as missing or missing, or the union is terminated automatically if the husband or wife dies (or is declared dead by the court). In both cases, this procedure cannot be called irreversible, since in family law there is a so-called process of restoring a marriage.
Family lawyer in Ukraine
On our website rozluchennya-onlain.com.ua you will find all the answers to your questions in the field of family law in Ukraine.
Grounds for the restoration of marriage in Ukraine
The document confirming the fact of the unknown absence of a person or the fact of his death is the corresponding (of the same name) court decision. This court decision must be submitted to the registry office in order to part unilaterally.
Since life is a diverse, complex and unpredictable phenomenon, Ukrainian family law has provided for all possible situations (especially in relation to civil family law) that can happen to a person. Restitution (i.e. restoration) of formal family relationships is no exception.
Restore a previously existing family union in only one exceptional case (which in practice happens extremely rarely):
- In the event of the appearance of one of the spouses, previously announced by the court:
- deceased;
- missing.
EXAMPLE
Spouses S. registered family relations on 12.06.2000, the couple had a child. On 15.05.2005, the man S. did not return home from a business trip, after which he was put on the wanted list by the police. Since the search activities did not bring any results for a long time, the wife went to court on 14.08.2006 to declare her husband missing, so that the child had the right to receive a survivor’s pension; the court made an affirmative decision, on the basis of which the woman unilaterally annulled the marriage in the registry office. In May 2007, the ex-husband unexpectedly got in touch with his parents and wife, and in June of the same year he returned home. Since the wife and husband did not create a new family during this time and wanted to continue their life together, the couple decided to restore the marriage.
The procedure for restoring a marriage should not be confused with the re-registration of a marriage after its dissolution (that is, with a new marriage after a divorce between the same persons), since procedurally these are completely different legal actions.
The procedure for the restoration of marriage in Ukraine
The procedure for restitution of a pre-existing family union is impossible without going to court and consists of several stages:
- Cancellation in court of an existing court decision (this must be done by a citizen (or his authorized authorized person), who has been recognized by the court as dead or missing):
- file a claim with the court that accepted this document, with a request to cancel it;
- provide documents and testimonies of witnesses proving his identity (in fact, to prove to the court that he is really who he claims to be)
- get your hands on a court decision to revoke the declaration of oneself as deceased or “missing”, which came into force.
- Cancellation in the registry office of the deed of the death of a citizen (if any) by presenting a new court decision.
- Joint appeal of spouses to the registry office at the place of residence:
- drawing up a joint application for the restoration of marriage;
- provision of the necessary documents:
- passports of the parties;
- receipt of payment of state duty;
- a court decision to revoke the recognition of one of the spouses as deceased or missing.
The marriage union under the restitution procedure is considered to be restored from the moment of its initial conclusion.
Interference in the restoration of marriage in Ukraine
Despite the existence of the possibility of restoring a previously suspended marriage, this right may not always be available.
There are 2 conditions that impede the restoration of marriage:
- One of the spouses is already in a new marriage.
- The former husband or wife does not want to restore the previously terminated marriage union.
Since family law is based on the reciprocity of the decision to enter into marriage, the current union is invalidated in the event of another registered marriage with one of the parties.
EXAMPLE
The man V. was declared missing by the court. A.’s wife, on the basis of the available court decision, unilaterally divorced the missing person through DRACS, presenting the corresponding court decision. Soon Citizen A. entered into a new marriage relationship. When citizen V. suddenly returned to his hometown, he wanted to restore his family with his ex-wife, refuting the court’s decision about his missing disappearance. However, since his desire to restore the marriage was one-sided and his ex-wife officially entered into a new marriage relationship, DRACS could not accept his application for marriage restitution.
Family lawyer in the restoration of marriage in Ukraine
In resolving a case on restoring a marriage, it is optimal to contact a family lawyer who will help you quickly and efficiently resolve the case in your favor.
Our lawyers specialize in solving family law cases, so they know the subtleties and nuances that will help speed up the process.
The advantages of going to family law lawyers are:
- the promptness of resolving the case on the restoration of marriage;
- quick preparation of documents for their submission to the court;
- saving material and time resources in solving the case;
- the ability to resolve issues online.
To resolve the case, you need to call or write to our family lawyers and we will provide you with all the necessary information as soon as possible!
Frequently asked questions to a lawyer in Ukraine
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