The procedure required for divorce in Ukraine by mutual consent does not require significant effort and expense. This is the simplest procedure for persons who have agreed on the time, place and consequences of divorce, which the spouses are able to carry out independently. However, in certain circumstances, a dispute arises between the spouses, in which case you cannot do without the help of professional family lawyers.
Divorce in court with a citizen of a foreign state is possible both in Ukraine and in other states, depending on a number of conditions. If both spouses who do not have children agree to end their marriage in Ukraine, a joint application for divorce can be submitted to the local registry office. If the couple has children, the application for divorce is submitted to the court. However, in practice, there are cases when one of you does not agree with the choice of the country of divorce, and then there is a need to resolve this dispute through litigation by filing a lawsuit. This is the most unpleasant and difficult way to end a marriage, but in many cases the most reliable. When declaring a marriage divorced abroad, the court decision on divorce is most often required, and not documents issued by the authorities.
How to fill in a sample application for divorce through the registry office?
State registration of divorce in Ukraine is carried out at the place of your residence or another of the spouses. The registry office does not have the right to refuse registration if the documents are submitted by one of the spouses at the place of residence of the other spouse. You must have the following documents with you:
- Written application for divorce of a spouse who does not have children (may be submitted by the other spouse subject to its notarization);
- Marriage certificate and in its absence – a mark of marriage in the passport of the applicant;
- Passport document or certificate of permanent or temporary residence.
Filling out a divorce application in Ukraine is not a complicated procedure. This can be done directly in the registry office. However, care should be taken when completing the application if one of the spouses is unable to come in person and complete the application. In this case, it must be done by a notary in compliance with certain requirements provided by law.
How to fill out an application for divorce through a court in Ukraine?
In order to dissolve a marriage through the court, you need to fill out the statement of claim correctly. This type of application cannot be filled out in any form. Specific requirements for form and content are imperatively provided for in the Civil Procedure Code of Ukraine.
Failure to comply with these requirements will not result in divorce, as the court will leave the application without motion and then return it to the plaintiff for revision.
The marriage is terminated after 1-2 months from the date of submission of all documents, if the joint application of the spouses is not withdrawn during this time. You may also submit a written notice to the court requesting that the day of the hearing or hearing be adjourned without your participation, stating the valid reasons why the plaintiff or defendant may not appear in court to participate in the trial.
How much does a divorce through a court in Ukraine cost?
In order to exercise the right to a divorce proceeding in Ukraine, a court fee must be paid. The cost of such a fee is correlated with the nature of the requirements set forth in the statement of claim. As of 2020, it is UAH 840.80. Additional costs can be a lawyer’s fee, which depends on the complexity of the case and the amount of time spent on effective legal aid.
If there is a property dispute between you – a statement of claim is submitted to the court with a request for the division of joint property in parallel with the consideration of divorce in court. An important difference from the usual procedure of divorce through the court procedure is the need to prove that the property belongs to you on the right of joint joint ownership.
Our lawyers can inform you about how to start a lawsuit correctly and what the turnkey cost will be by examining the individual situation.
Divorce through a court in Ukraine with a foreigner. Application for termination
Special cases are recognized when a foreigner is a party to a divorce in Ukraine. The court procedure itself does not differ radically from the divorce of citizens of Ukraine, but has its own characteristics that may be essential in the decision of the court.
First of all, you need to pay attention to the jurisdiction of the case. As a general rule, an application for divorce is considered by the court at the defendant’s place of residence. Accordingly, if the defendant is a foreigner who does not have an officially registered address in Ukraine, there is a difficulty in determining the jurisdiction of the case. In such cases, the court has the legal right to refuse to hear the case and invite the plaintiff to apply to a foreign court. Only by contacting qualified lawyers is it possible to avoid problems with determining jurisdiction.
The application for divorce in court with a foreigner indicates his last known place of residence or stay, where the court will take measures to search for him. If a foreigner cannot be found, the court will hear the case in his absence.
How to submit documents without the presence of one of the spouses?
You can apply in the absence of the other spouse. The spouse who will submit a joint application together with other documents may submit them without the presence of the other spouse, presenting a power of attorney with a notarized signature.
The applicant also has the right to send a written notice of consent to the registration of divorce in his absence to the registry office. The application shall indicate the location of the Registry Office to which the divorce certificate should be sent.
If a divorce application is filed in court, the presence of both spouses is not required. Since the court can consider the case and make a decision without the participation of the parties.