Unilateral Divorce | Divorce without consent

Contents

Unilateral divorce in Ukraine
Unilateral divorce of spouses through the registry office in Ukraine
How to file a divorce through the registry office unilaterally in Ukraine?
Unilateral divorce through court in Ukraine
Drawing up a statement of claim for divorce in Ukraine

Unilateral divorce in Ukraine

Unilateral divorce is a legal procedure for the dissolution of an active marriage between spouses, which occurs at the initiative of one of the parties without the consent of the other party to divorce, or when it is impossible to express disagreement.

The desire to dissolve a marriage is not always common among spouses – this factor is the reason for divorce only in a judicial and unilateral manner.

If the couple does not have common minor children, but one of the spouses does not agree to a divorce, it is necessary to apply to the court and carry out the divorce unilaterally.

It is also possible to part at the request of one party through the registry office, but only in special cases provided for by law, if the other party, for objective reasons, is unable to express its disagreement.

The legal and regulatory framework governing the procedure for divorce, as well as the grounds, procedurality and necessary documents, reflected in the Family, Civil, Civil Procedure Codes and other regulations. Link to the general regulatory framework – https://zakon.rada.gov.ua/laws/main/index.

Unilateral divorce of spouses through the registry office in Ukraine

Divorce unilaterally through the registry office, despite the presence of common minor children and without the presence of a husband, is possible if a person:

recognized as missing by the court decision;
declared incompetent (also in the presence of a court decision of the same name).

In the event that the marriage is dissolved by one of the spouses on the above grounds, but the representative or guardian of the incapacitated person has a dispute over property, the marriage will be dissolved at the registry office, and the dispute over the property will be resolved in a separate court proceeding at the initiative of the applicant-plaintiff (his representative ).

How to file a divorce through the registry office unilaterally in Ukraine?

The applicant-initiator must visit the department of state registration of acts of civil status at the place of residence on the reception day;
Complete the proposed divorce application;
Provide specialists with the necessary documents:

original passport of the applicant;
original marriage certificate;
a document confirming the impossibility of obtaining consent to divorce from the second husband (court decision);
a receipt for payment of the state duty.

After the application is received by the registry office, the specialist who accepted it is obliged, within three days, to inform the representative of the party or the trustee of the incapacitated person about the upcoming divorce, indicating its specific date. If the other party is declared missing by the court, the registry office specialist informs about the divorce of the manager of the property of such a person, and in his absence – the guardianship and trusteeship body.

Dissolution of marriage unilaterally at the request of the spouse is carried out after one month from the date of filing the application in the presence of the person initiating the divorce.

Unilateral divorce through court in Ukraine

One of the conditions for the termination of family relations in a judicial unilateral order is the lack of consent of one of the spouses to divorce, or his evasion from appearing at the registry office for registration of a divorce. You also need to part through the courts if a married couple has common minor children.

If the husband or wife unilaterally decided to divorce, but could not convince the other party of the need for divorce, it is necessary to file a claim with the court.

The jurisdiction of such a claim will depend on the nature of the dispute, the presence of children and other features of the divorce:

An application for divorce is submitted to the registry office if:

the couple has no common children or there is no dispute about them in the process;

A divorce suit is filed in court if:

in the process of divorce, the question of the appointment of alimony or the procedure for communication or residence of children is raised;
a dispute arises between the parties about the division of property;

It should be noted that a statement of claim in compliance with the rules of jurisdiction can be filed not only at the place of residence of the defendant, but also at the place of residence of the plaintiff if he lives with a young child or for health reasons is unable to visit the court at the location of the defendant …

If one of the spouses does not want to part, the court will issue a decision on divorce no earlier than three months later.

If a claim for divorce unilaterally is filed during the pregnancy of a woman or there is a child under the age of 1 year, the court returns the claim to the applicant as it is impossible for consideration.

A marriage that is broken up through a court is considered terminated from the moment the court decision enters into legal force.

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, can you leave without the consent of your husband or wife?

Drawing up a statement of claim for divorce in Ukraine

A statement of claim for divorce between spouses, submitted to the court, must include the following parts:

The claim begins with the address part, contains

the name and address of the court to which the application is submitted;
FULL NAME. the plaintiff, as well as his address and contact numbers;
similar data about the respondent (if any).

The name of the claim “Statement of claim for divorce”;
The main body of the claim:

the date of the marriage is indicated;
the reason why the plaintiff wishes to dissolve the marriage;
indicates the lack of consent to the divorce of the defendant (another person) and related problems (dispute about children and / or property – if any).

Claim requirement – divorce, solving the issue of maintaining children or the procedure for communicating with them, as well as resolving a property dispute (if any). Each stated requirement must be supported by a reference to a legal norm (i.e. an article of family, civil and other legislation).
Attached (submitted in 2 copies):

the statement of claim itself;
copy of the plaintiff’s passport and taxpayer code;
copy of the defendant’s passport and taxpayer code (if any);
copy of marriage certificate;
a copy of the birth certificate of the child (children);
documents on property, if the claim raises the question of its distribution (checks, contracts, certificates, etc.);
a receipt for payment of the state fee.

The court fee for divorce in court is 908 hryvnia (as of 2021) and is paid before filing a statement of claim in court, after which the original receipt is provided to the court with other documents. Otherwise, the case will not be accepted for consideration.

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