Statement of claim for divorce

Statement of claim for divorce

Statement of claim for divorce in Ukraine

Divorce is the termination of family relations between spouses, if the continuation of their life together is impossible. In order to break the family union through the court, one of the parties to the marriage relationship is obliged to submit an appropriate statement of claim.

In many, the following questions immediately arise:

  • When should you leave in court?
  • How to write a statement of claim?
  • Where can I find a sample of a claim for divorce and division of property?
  • Where can I find a sample application to the court for divorce and recovery of alimony?
  • How much does a divorce in court cost?

First, you need to choose the right jurisdiction – that is, make the right choice of the court. After that, it will be necessary to pay the court fee and send a statement of claim for divorce. Sample documents can be found here.

According to statistics, a greater number of divorces are carried out in the courts, since family relations are most often associated with the presence of minor children in couples.

In what cases is a marriage dissolved in court and when do you need to write a statement of claim in Ukraine?

In what cases is a marriage dissolved in court and when do you need to write a statement of claim in Ukraine?

The grounds for divorce in court are regulated by the Family Code of Ukraine. These include:

  • refusal to divorce one of the spouses, even if the couple does not have common children and a dispute over property;
  • the presence in the family of a joint minor child (children), even in the absence of a controversial issue of his further residence, the content and procedure for communication;
  • resolving the issue of dividing jointly acquired movable and immovable property, regardless of its volume and value.

The presence of the above grounds requires one of the parties to go to court with a statement of claim for divorce.

It should be noted that if the wife is pregnant and if the spouses have a common child under the age of one year, the court will not accept the statement of claim for divorce. since the law imposes a legal limitation on the consideration of such a case.

In such a situation, it is necessary to wait until the child reaches the age of one year and re-file a claim in court if the desire to leave is still valid.

How to determine the jurisdiction of a divorce claim in Ukraine?

How to determine the jurisdiction of a divorce claim in Ukraine?

As noted above, “jurisdiction” refers to the establishment of the court, which is subject to the consideration of a particular case and in accordance with where exactly it is necessary to send a statement of claim for divorce.

The claim for divorce is endowed with the rule of alternative jurisdiction: the applicant has the right to file a claim with the district (city) court both at his place of residence and at the place of residence of the defendant, if the plaintiff’s state of health does not allow him to come to court at the place of residence of the defendant, and if children live with him.

A divorce case can be considered in court if:

  1. the couple has no children and does not share common property, but one of the spouses does not agree with the divorce;
  2. the family has children and property in common, but there is no controversial issue about them;
  3. it is necessary to establish alimony obligations, material assistance;
  4. In addition to divorce, there are controversial issues regarding minor children:
  5. determination of the child’s place of residence after the parents divorced (with the father or mother)
  6. determining the schedule of communication with the father’s child, who lives separately, and so on.

If the plaintiff submits an application ignoring the rules of the jurisdiction of the claim, it will be returned to the applicant without consideration until the identified violation is eliminated.

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, application 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?

How to properly draw up a statement of claim in court for divorce (sample) in Ukraine

How to properly draw up a statement of claim in court for divorce (sample) in Ukraine

A statement of claim for divorce is drawn up in accordance with the Civil Procedure and Family Codes of Ukraine. The main components of the claim are:

  • The address part that contains
  1. the name of the court and the address of its location;
  2. Full name, address and contact phone number of the plaintiff;
  3. similar information about the respondent (if any);

If the plaintiff uses the services of a representative, his data, as well as the details of the notarial power of attorney, are indicated in the address part.

  • information on the participation of third parties in the case (name of the third party and address of location).

Banks, guardianship and trusteeship authorities may be involved in the case by third parties if, in addition to divorce, the court resolves issues of division of property (for example, mortgage), or disagreements over children.

  • Content of the statement of claim:
  1. information about the marriage;
  2. the presence or absence of children in marriage;
  3. the reason for the divorce;
  4. concomitant divorce, controversial issues with her husband (about joint children and (or) property).
  • Claim requirements:
  1. divorce;
  2. resolving controversial issues (if any).

The requirements of the claim necessarily contain references to the legislation governing the question raised by the court.

  • Documents that are attached (prepared in copies according to the number of persons involved in the case):
  1. statement of claim;
  2. copy of the plaintiff’s passport and taxpayer code;
  3. copy of the defendant’s passport and taxpayer code (if any);
  4. copy of marriage certificate;

A marriage certificate is a mandatory document that is attached to the claim. However, sometimes situations arise, the applicant does not have it, since when registering a marriage, it is issued only in one copy. In this case, before filing a claim, you must obtain a duplicate of this document by contacting the registry office.

  1. copies of birth certificates of children;
  2. documents confirming the existence of common property (contracts, certificates, acts), if the claim specifies the requirement for their distribution;
  3. documents required for the appointment of alimony (salary certificates, receipts or checks on housing costs, purchases for a child, etc.) – if the claim is encumbered by the appointment of alimony;
  4. a receipt for payment of the state fee.
  • The statement of claim ends with the date and signature of the plaintiff.

How much is the 2021 divorce court fee through the court in Ukraine?

How much is the 2021 divorce court fee through the court in Ukraine?

The correct determination of the amount of the court fee will help the plaintiff to avoid leaving the statement of claim without progress until the violation of payment is eliminated.

The amount of the court fee directly depends on whether the claimant is filed with the court:

  • When considering the issue of divorce, not related to the division of property, the cost of the court fee is 908 hryvnia, as of 2021.
  • If the claim raises the question of the ownership of the spouses’ property, the court fee is paid separately:
  1. for a divorce – 908 hryvnia;
  2. for the division of property – at the cost of the property being divided.

When calculating the correct amount of the court fee, the plaintiff should apply to the Law of Ukraine “On court fee”, which approves the payment procedure depending on the assessment of the divisible property (in other words, the “claim price”):

In addition, the official court portal – includes a section “Court fee”, in which the exact amount of the claim and other services is automatically deducted when choosing a service.

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