✅ Divorce through the registry office without the presence of a spouse

Divorce through the registry office without the presence of a spouse

Divorce through the registry office without the presence of the husband in Ukraine

Our family lawyers are often asked the following questions: What documents are submitted to the registry office for divorce? Is it possible to postpone the date of registration of a divorce? How does a divorce happen if one of the spouses does not want to appear at the registry office?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “Divorce through the registry office without the presence of the husband” and, if you have any questions, seek legal advice from our family lawyers and lawyers who will provide you with legal services in family matters.

Divorce through the registry office in Ukraine

Divorce through the registry office is carried out in accordance with the “Rules for state registration of acts of civil status” in the manner prescribed by law on the basis of the submitted documents.

Obligatory conditions for divorce in the registry office are:

  • the desire of both spouses to officially break off family relations (divorce by mutual consent);
  • the married couple does not have common children who at the time of filing the application have not reached the age of 18 (the procedure for divorce without children).

If at least one of these conditions is not met, then divorce through the registry office becomes impossible and the spouses will need to submit documents to the court.

Divorce procedure through the registry office in Ukraine

The procedure for divorce through the registry office is regulated by the Family Code of Ukraine. According to article 106, in the absence of common children, each married couple can exercise the right to officially break off relations in the registry office without children.

To do this, you must submit documents along with a joint statement, which will express a mutual desire to break off relations. According to the established procedure, both husband and wife must be present at the filing of documents.

The date and time of official registration is set on the day of submission of documents. On the basis of an application for divorce a month after its filing, the registry office draws up an act record, after which a divorce certificate is issued. This document is issued at the time of registration in the presence of both spouses.

Divorce through the registry office without the presence of a spouse in Ukraine

The procedure for divorce through the registry office implies the presence of both husband and wife:

  • on submission of documents;
  • at the registration of divorce at the registry office.

At the same time, in practice, there are often cases when one of the spouses does not have the physical ability to do this or the presence is questioned.

For such a case, the legislation provides for actions that must be taken in order for a divorce to take place even without the presence of one of the spouses. Performing such actions will help eliminate the negative consequences of absence and will bring the divorce process to its logical conclusion even in the absence of a husband or wife.

Divorce without being present at the filing of documents for divorce in Ukraine

In practice, there are cases when, even with a divorce by mutual desire, not every spouse has the opportunity to be present at the filing of documents. The reasons may be different:

  • health status;
  • business trip;
  • workload;
  • unseen circumstances.

In this case, those who cannot be present must complete their part of the joint application and notarize it. If these conditions are met, the application for divorce will be legally binding and can be filed by the other spouse along with the rest of the documents.

Divorce without the presence of a spouse at the registration of a divorce in Ukraine

The official registration of a divorce by the registry office, which takes place a month after the submission of documents, implies the presence of both husband and wife.

If the spouse cannot be present at the registry office on the day of registration, then the legislation provides two options for getting out of the situation:

  • submit an application to the registry office with a request to postpone the registration of divorce;
  • submit an application to the registry office with a request to register a divorce on the appointed day and time without the presence of the spouse.

Each of these two statements must be notarized.

When submitting an application for registration without the presence of a spouse, you must also indicate the address of the registry office, to which you will need to send documents confirming the fact of a divorce. This is true, for example, for those cases when the spouse cannot be present due to a long stay in another city.

Documents for divorce through the registry office without presence in Ukraine

For divorce in the registry office, the list of documents required for divorce without presence includes:

  • spouse’s and spouse’s passport;
  • marriage certificate in original;
  • joint application for divorce;
  • receipt of payment of state duty;
  • an application for registration of a divorce without presence, certified by a notary.

Lawyer services in case of divorce through the registry office without presence in Ukraine

The very procedure for a divorce in the registry office without the presence of a spouse does not imply the need to resort to the services of a lawyer, since the legislation provides for measures to resolve the issue of divorce independently.

Nevertheless, I would like to emphasize that in practice there are cases when the reason for the absence of a spouse for divorce was not the presence of barriers to physical presence, but the true unwillingness of one of the spouses to divorce. Thus, persuading the second spouse to divorce through the registry office, the process of divorce can be significantly delayed:

  • the postponement of the registration of divorce can drag out the process for a year;
  • within a month after submitting the documents, the spouse can pick up the application, which will exclude the possibility of divorce at the scheduled time.

In this regard, we recommend that you determine in a timely manner whether the spouse’s desire to file a divorce is true and, if the timing of the divorce is significant, resort to divorce in court. This is due to the fact that when filing a lawsuit, even if the spouse refuses to divorce, the divorce process does not stop and with a good lawyer you can achieve a result as soon as possible. Moreover, a divorce through a court opens up the opportunity for you to “Dissolve a Turnkey Marriage”, which will allow you to get a 100% result without wasting time and psychological turmoil.

Family lawyer in divorce cases through the registry office without the presence of the husband in Ukraine

To effectively resolve a divorce case through the registry office without the presence of your husband, you should contact professional family lawyers.

Divorce lawyer:

  • provide legal advice on family matters;
  • will help to determine the best option for solving a family case;
  • prepare all the necessary documents;
  • accompanies the course of the entire trial.

Our family lawyers will do everything necessary for a quick and high-quality completion of a legal case!

Contacting us is a way to save time and money in resolving the issue of divorce through the registry office without the presence of your husband.

If you do not know how to do the right thing to decide the case in your favor – write or call our family lawyers!

The first step towards success in resolving a divorce case through the registry office without the presence of your husband is to contact good family lawyers!

If the article “Divorce through the registry office without the presence of your husband” was useful to you – like it. We will provide you with the most relevant and useful information in the field of family law, as well as about new changes in the legislation of Ukraine regarding divorce through the registry office without the presence of your husband.

Useful site materials advokat-skriabin.com:

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  2. Registration of marriage in the registry office of Ukraine
  3. The secret of a closed court divorce
  4. Divorce translator
  5. Recognition of marriage as invalid
  6. Registration of a court decision in case of divorce at the registry office
  7. Certificate of divorce based on a court decision
  8. Divorce if the husband or wife is abroad
  9. Marriage contract
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ADVEGO

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registry office of presence 12 1.23 / 2.47
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