The moment of termination of marriage during divorce

Family lawyer in Ukraine

Skryabin Alexey Nikolaevich

Doctor of Law

Hello! In this article I will tell you about when and in what case the moment of termination of marriage comes.

The moment of termination of marriage during a divorce in Ukraine

Termination of the marriage of spouses is carried out by dissolution of such a marriage, in other words – by divorce. Divorce should be understood as a legal act, which consists in the formal termination of marriage and family relations on the basis of. It will not be possible to divorce a marriage if the wife is pregnant, or one year has not passed since the birth of the child.

The moment of dissolution of marriage is the day of making the corresponding entry in the register of acts of civil status. If the marriage was dissolved in court, then the moment of its termination is the day the decision on divorce comes into force.

The moment of termination of marriage after a divorce in the registry office in Ukraine

You should know that the abbreviation ZAGS stands for registration of acts of civil status. Such a body registers the facts of birth, name change, paternity, adoption or adoption, death, marriage, as well as its dissolution.

Divorce in the registry office is much easier and faster than in court, but it is possible to dissolve a marriage in such a state body, on the basis of the Family Code of Ukraine, only in the following cases:

• if the spouses do not have minor children (under 18 years of age);
• if this fact is carried out by common agreement (i.e. each of the spouses is not averse to terminating family relations);
• if a man is recognized by the court as incapable (that is, by a person who cannot give an account and be aware of the content of his actions);
• if a man is recognized by the court as missing (i.e., no information about his whereabouts was received about his wife at his place of residence for a year).

The last two points are carried out by submitting an application to the registry office, even if the spouses have minor children.

The moment of termination of marriage in this case is considered the day of state registration of the dissolution of marriage in the register of civil status acts.

The moment of termination of marriage after a divorce through a court in Ukraine

Divorce in court is a lengthy process, depending on each situation individually. Judicial dissolution of marriage, on the basis of the Family Code of Ukraine, will occur in the following cases:

• if one of the spouses does not agree to terminate marital relations;
• if the spouses have minor children;
• if the man does not refuse to dissolve the marriage, but does not take any specific actions for this (refuses to submit an application that is not in the registry office for state registration of divorce);
• In addition, if one of the spouses does not agree to terminate the marital relationship, then in this case the court will give a certain time for the possible reconciliation of the couple for a period of not more than six months.

If the spouses have not made a decision to extend their life together and also insist on the dissolution of the marriage, the court decides to dissolve such a marriage.

The moment of termination of the marriage in this case will be the day when the judgment comes into force. In turn, the court decision becomes legal at the moment when the time limit for its appeal in the appeal procedure expires, and the person has the right to file the appeal within one month from the date of the decision by the court in the final form (if no other terms).

If the spouses have minor children and have made a mutual decision to dissolve the marriage, the court will satisfy their requirements and will not find out the motives for such actions.

At the court session, in addition to divorce, you can decide on other issues arising from family relations:

• with whom and where the minor child will live;
• on the procedure for payment of funds for the maintenance of the child;
• on the procedure for paying funds for the maintenance of a disabled spouse;
• on the division of jointly acquired property;

The court is obliged to send to the registry office the court decision on the dissolution of the marriage, which has entered into force. In turn, the registry office, on the basis of such a document, makes an appropriate entry in the register of civil status acts and the marriage is considered finally dissolved.

The moment of termination of marriage in the event of the death of one of the spouses or his recognition as dead in Ukraine

From a legal point of view, the death of a citizen is understood as the termination of the legal capacity of a person. Legal capacity is understood as the ability to have one’s subjective rights and bear obligations. According to the Civil Code of Ukraine, it begins from the moment of birth (namely, from the moment of the first breath of a person) and ends at the moment of clinical death of a person (biological death should be distinguished from clinical death).

The death of a man is one of the grounds for ending a marriage. It is from the moment of death that marriage and family relations cease. On the basis of the death certificate, which is also issued by the registry office, a corresponding entry is made in the civil registration book.

If a person was recognized as dead in a judicial proceeding, then the basis document will be a court decision that has entered into force. A citizen is recognized as dead only in a judicial proceeding and in the following cases:

• If there was no information about his whereabouts at his place of residence for three years.
• If, after six months, there is no information about a person, and at the same time, circumstances that could threaten his life and health, such as emergencies or natural disasters, accompanied it;
• if two years have passed since the end of hostilities, and the location of a citizen who went missing in connection with past hostilities is not known.

If the person who was declared dead by the court is really alive, regardless of the timing of confirmation of this fact, he has the right to demand the cancellation of such a court decision. And then return their property, which went to other persons. The same is true with marriages.

Example

Ivanov’s wife A.A. filed a statement of claim with the court for the recognition of her husband – Ivanov D.S. deceased. She confirmed her claims by the fact that the man went missing 5 years ago, and his whereabouts are unknown. In addition, this fact confirms the statement submitted to him by the police department about the disappearance of a person. The court recognized citizen Ivanov D.S. deceased.

Based on the court decision, the registry office made a note on the dissolution of the marriage in the relevant registration book. A year after the court decision entered into force and received a certificate of divorce, Ivanov D.S. returned home to his wife. He explained his absence by moving to another city, lack of money to return home and the inability to inform his wife about it. The court decision was reversed, and on the basis of their joint application, marital relations were restored.

The moment of termination of marriage in Ukraine in case of recognition of the spouses is unknown

A citizen is recognized as a missing person if there is no information about his whereabouts at the place of his residence for one year. This period is calculated from the date of receipt of the last information about the person.

If this day cannot be determined, then it should be counted from the first day of the next month according to the date on which the information was received.

If the year is unknown, then it is calculated from the first of January of the next year.

The moment of termination of marriage in this case will also be the day when the court decision entered into force.

Also, useful information on the Divorce Online website of the family lawyer Skryabin Aleksey Nikolaevich for you may be: replacement of a passport after a divorce, a period for reconciliation of spouses, a divorce from a convict, replacement of documents when changing a surname after a divorce, registration of divorce, certificate of divorce by decision court, divorce with a foreigner in Ukraine, divorce with a foreigner without his presence, grounds for declaring a marriage invalid, divorce with a foreigner 2022.

Lawyer’s answers about the moment of termination of marriage

Good afternoon! I have such a situation, my wife and I lived for 20 years, we have children from a universal marriage. We have decided to divorce. Where should I apply in this case, to the registry office or to the court?

In this case, it all depends on the age of your children and on the consent of the man. If your children are over 18 years old, and the second man is not averse to divorce, then you can file a divorce at the registry office by filing an application. Marriage is terminated not earlier than one month after the filing of such an application. If the children have not reached their majority, and (or) the man refuses to dissolve the marriage, in this case it will be possible to divorce only through the court.

Conclusion

To end a marriage means to dissolve it and no longer be related to the ex-husband. Depending on the consent of the second spouse, on the presence of minor children, as well as other cases, it is possible to terminate the marriage in the bodies of the DRAC, or in the judiciary.

In addition, the law sets limits for a man who wishes to dissolve a marriage. Or the wife’s pregnancy, as well as the first year after the birth of a child.

The moment of termination of marriage after its dissolution in the bodies of the DRACS will be considered the day when the employees of such body made an entry in the book of registration of the dissolution of marriage. The moment of termination of marriage after its dissolution through the court is the day the court decision enters into force.

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 to fix the moment of termination of the marriage after its dissolution.
• We are responsible for the quality of legal services and guarantee a positive result.
• With the help of a family lawyer or a lawyer, your case for determining the moment of termination of marriage after its dissolution will be resolved more professionally and quickly.
• Turning to us, you are guaranteed to receive professional legal assistance.

Take the first step towards your victory in a legal case, call or write to a lawyer and you will receive answers to all your questions.

Family lawyer in Ukraine

Scriabina Daria Sergeevna

PhD in Law

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Useful site materials rozluchennya-onlain.com.ua:

1. Divorce after death of husband
2. Divorce from an incompetent husband
3. Settlement agreement for divorce
4. How does divorce work in court 2022
5. Divorce at the request of the guardian of one of the spouses
6. divorce proceedings
7. How to divorce your husband?
8. How to divorce your wife
9. How and where to file for divorce online