DIVORCE BY JOINT CONSENT
Divorce is usually associated with scandalous and lengthy litigation, which requires significant material costs and the professional intervention of a good lawyer. However, quite often the couple does not agree with this scenario and both want to file for divorce by mutual consent, quickly and without conflict. In fact, a peaceful settlement of the dispute is optimal for the parties from a financial point of view, given the time savings of lawyers and the court. Divorce can be arranged in different ways, because there are radically different situations. When choosing a specific method, one should pay attention to whether there are children whose citizens are married, whether they both live in Ukraine and have the opportunity to arrange a divorce by joint actions, and so on.
Divorce by joint consent in the presence of a child through a court in Ukraine.
If the husband and wife have reached a mutual consent to divorce and wish to do so peacefully, they can use the method of divorce by a court decision on a joint application. This procedure is quite complicated because it requires a professional assessment of all risks and the assistance of lawyers during the trial. In short, this procedure looks as follows: after reaching an oral agreement to terminate the marriage, the initiator of the divorce must apply to the court office at the place of residence or stay of the defendant. The lawsuit may be filed at the place of residence of the spouse who has minor children or if he or she is unable to travel to the defendant’s place of residence due to health or other valid reasons.
The lawsuit must state the reason for the divorce and why it is impossible to restore the family. A sample divorce lawsuit by mutual consent can be found online or by contacting a lawyer. It is also necessary to submit to the court an agreement on determining the place of residence of children in which it is clearly stipulated with whom the children will live, the schedule of visits, joint vacations, etc. Alimony can also be settled in a pre-trial procedure. In turn, the defendant must submit a written response to the claim or orally at the hearing in which to recognize all claims and not to object to the divorce at will under the laws of Ukraine. The case will be considered no more than 1 month after the opening of proceedings. It should be noted that this period will in fact be longer and will be 2-3 months. At the final stage, you will receive a court decision on the termination of the marriage, which must then be registered in the registry office. In order to speed up and simplify the divorce process for you, you need to contact family lawyers.
What is the cost of a divorce through the court?
Choosing a peaceful settlement of the dispute between the spouses automatically saves a lot of money and time for both parties. Compulsory costs include court fees. If you do not pay it or pay with an error (not the exact amount, not the correct details of the court), you risk not starting the case, because the court will leave such a claim without consideration. As of 2020, the amount of court fees for divorce cases is UAH 840. 80 kop. Notary and legal services will also be included in the possible costs, the amount of which depends on your knowledge and experience in similar cases.
Divorce at the Registry Office by joint will
In case of divorce by the registry office on the application of a spouse who has no children you can apply both at your place of residence and the other spouse to the civil registry office with a request to divorce. Employees of this body will help you to fill out such an application by providing you with a sample application for divorce by mutual consent. If one of the spouses is absent in Ukraine or cannot for good reasons come and personally fill in his / her part of the application, in this case a notarized consent for divorce of one of the spouses who will be absent when submitting the application to the Registry Office is required. If the party to the divorce process is a foreigner who does not understand the state language of Ukraine, to complete the application you need to use the services of a certified translator who will translate and explain the content of the application. This option of divorce by mutual consent is the simplest possible. However, this method can be used only if the couple has no children together.
The spouses submit the following documents:
- Written application for divorce of a couple without children;
- Marriage certificate (original or duplicate);
- Internal passport document or notarized translation of a foreign passport, permanent or temporary residence permit (for foreigners).
After one month from the date of submission of documents, if the application is not withdrawn by the spouses, the registry office conducts the state registration of divorce in the presence of at least one of you. At the end of the procedure, a divorce certificate is issued in two copies.
How to file for divorce by mutual consent in the absence of one of the spouses
The other spouse may submit documents to the Registry Office on behalf of the other spouse, provided that the person cannot submit them due to a valid reason and the authenticity of the signature on the application submitted by him will be notarized or equated to it. If one of the spouses is absent at the time of the judicial proceedings for valid reasons, then, on his behalf, the plaintiff may submit to the court a notarized statement where the defendant agrees to the divorce. If the defendant is a foreign citizen, he can express his acceptance by a statement that must be notarized and apostilled in the country of issuance of such a document. The procedure for divorce from a foreigner in his absence is somewhat more complicated. In this case, the court decides which country should apply the law.
The key to a quick divorce without any problems is a timely appeal to qualified specialists who will immediately tell you all the risks and obstacles that may affect the course of the case.