ALIMENTS FOR A CHILD
Probably everyone who has faced divorce knows how much this emotional and unpleasant event brings discomfort. Divorce statistics in Ukraine are about the same every year. In the context of the year, there are on average 120,000 – 140,000 thousand divorces of officially registered marriages. As for the number of terminations of civil marriages, there are no official statistics in Ukraine, but sociologists claim that the number of civil marriages is growing and, accordingly, the number of terminations of such relations is directly proportional.The number of divorces in Ukraine depends on various socio-economic factors (financial crisis, quarantine, personal factors) that are the catalysts for the termination of such relations. The main difficulty of divorce is the emotional component. Therefore, the legislation clearly regulates the procedure for divorce, division of jointly acquired property and award of alimony.
How to divorce in Ukraine?
It is quite difficult to clearly describe the divorce process and clear algorithms for how to act. Each situation is unique in its own way and has its pitfalls that can show themselves both before and after the trial. However, we can distinguish the following stages:
- to determine whether it is possible to divorce with the help of the Registry Office;
- if it is impossible to terminate the marriage through the Registry Office, it is necessary to find out which court has the territorial jurisdiction to file the claim;
- collect all necessary documents and pay court fees
- to negotiate with the partner on all disputes before the court hearing (consent of the partner significantly simplifies the divorce procedure in Ukraine);
- file a statement of claim and participate in court hearings;
- obtain a court decision and register it with the Registry Office to obtain a divorce certificate.
It is recommended to carry out all stages after consultation and with the participation of a family lawyer!
How to divorce as quickly and painlessly as possible in Ukraine?
The most common question of the parties in the divorce procedure: “How to divorce quickly in Ukraine?”. Given the workload of Ukrainian courts, you have to be prepared for the fact that the divorce process can take three to four months. The first and most important thing you need for a divorce is the original marriage certificate. If this document is lost or destroyed in any way, you must contact the registry office for a duplicate. The presence of a “duplicate” mark is irrelevant to the court or registry office in a divorce.
If a foreign copy of the marriage certificate is lost, then you need to apply to the foreign body that registered such a marriage or to the embassy of this state in Ukraine. Also, the documents that need to be submitted for divorce are birth certificates, copies of passports of the parties and other evidence for a full and objective consideration of the case.
The legislation provides for two main ways to terminate a marriage in Ukraine:
- Divorce through the registry office.
- Termination of marriage in court.
Each of these methods has its pros and cons and are applicable only in the presence of specific facts that have legal significance.
How to file for divorce through the court?
This method is universal and undisputed. The court may not deny any person the right to marry or the right to terminate it. However, family law provides for exceptions: it is not allowed to file a lawsuit during the wife’s pregnancy, as well as within 12 months from the date of birth of the child whose father is the plaintiff.
The first thing you need to take care of is to find out (for sure) in which court to file for divorce. The claims are hearing by the local court of first instance at the place of residence of the defendant in the case. There are situations in which the plaintiff can file for divorce in the nearest territorial court (children under 14 years in the custody of the plaintiff, health status, agreement of the parties on alternative jurisdiction). In order to initiate proceedings, one of the spouses or jointly must file a statement of claim in compliance with the requirements of Articles 175 and 177 of the Code of Civil Procedure of Ukraine.If you make a mistake, provide false information – in this case, the court will leave the application without action and give time to eliminate deficiencies. If during this time the plaintiff does not correct the error – the court returns the statement of claim. In addition, there may be many other situations in which the court may refuse to hear the case and may not decide on your side.
After opening the proceedings, the court sends a summons to the defendant about the date and place of the hearing. In case of receipt and non-appearance at court hearings more than twice (without the presence and notification of valid reasons for non-appearance), the court appoints a hearing in absentia without the participation of the defendant. The term of consideration of the case may last 3-4 months from the date of filing the claim with the court office (provided that there is no appeal / cassation appeal of the decision of the first instance).
What documents are required for divorce through the registry office?
This method cannot be used if the couple has children together, as well as if one of the them avoids divorce (if person does not appear in the registry office for divorce, creates obstacles to procrastination, etc.). If the couple decides to start the divorce process peacefully, then they need to go immediately to the nearest registry office to file for divorce.The most important thing that is required for this type of divorce is the original marriage certificate and passports of both those wishing to divorce. In Ukraine, there is an imperative rule – the act of termination of marriage can be made only after one month from the date of submission of divorce documents.
It is not uncommon for a spouse to be unable to appear in person to file for divorce with a civil registry office. In this case, according to Part 2 of Art. 106 of the Family Code of Ukraine it is possible to issue a divorce unilaterally in the presence of a notarized statement.
How to file for divorce from a foreigner in Ukraine?
A large number of marriages with foreign nationals gives rise to a considerable percentage of divorces. In turn, this kind of divorce is complicated by a foreign element. Judicial cases in which a foreign element is present can be considered both under the legislation of Ukraine and under foreign law. Cases of divorce from a foreigner belong to the category of complex.
The most important thing in such proceedings is to determine the court that will have jurisdiction over the divorce case, as well as to prove that the divorce proceedings should take place only in Ukraine and exclusively under Ukrainian law.If you file for divorce from a foreigner who permanently resides abroad and does not consent to the divorce, the court may offer the plaintiff to apply to a foreign court for the residence of the defendant. In addition, you need to properly and in full need to prepare divorce papers that are attached to the lawsuit as attachments. The most important document, of course, is the original marriage certificate. If the couple is married in a foreign country, then the certificate must be with an apostille (USA, Germany, Israel, etc.) or legalized (Canada, Egypt, etc.). Otherwise, such a document will not be recognized as official.
Of course, this situation is quite unpleasant and as inconvenient as possible, because you need to spend a lot of time and resources to get a divorce. In such cases, it is most logical to consult a qualified lawyer before the case and learn how to file for divorce in Ukraine.