✅ Law on divorce in Ukraine

Divorce law in Ukraine

Scriabin Alexey Nikolaevich

family lawyer

Our family lawyers are often asked the following questions: How to draw up an application for divorce in a separate proceeding? How to get a court decision on divorce? What are the reasons for divorce?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “The law on divorce in Ukraine” 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.

Legislation of Ukraine upon divorce

The work of a divorce lawyer is complex and includes services in several areas:

• competent analysis of the current family situation;
• preparation of mandatory documents for a divorce lawsuit;
• legal assistance in protecting the interests of the client in court;
• providing the necessary information of a legal nature to achieve a positive result in the divorce case in court;
• reducing the duration of divorce due to many years of experience and knowledge of inaccessible information.

The provision of such services forces the family divorce lawyer to know well the legislation of Ukraine, presented in:

• The Constitution of Ukraine;
• Family Code of Ukraine;
• The Civil Procedure Code of Ukraine;
• Rules for state registration of acts of civil status;
• Law of Ukraine “On court fees”;
• The Law of Ukraine “On Private International Law”;
• The procedure for preparing notarized documents for their consular legalization.

Constitution of Ukraine

The Constitution is the Basic Law of Ukraine, which is the core of the national legal system. The Constitution is the legal basis for the development of all Ukrainian legislation, law enforcement, legal awareness and legal culture.

The Constitution of Ukraine consists of 14 sections:

Section I General Provisions

Section II Rights, Freedoms and Duties of Man and Citizen

Section III Elections. Referendum

Section IV Verkhovna Rada of Ukraine

SECTION V President of Ukraine

SECTION VI Cabinet of Ministers of Ukraine. Other executive authorities

SECTION VIII Justice

SECTION IX Territorial structure of Ukraine

SECTION X Autonomous Republic of Crimea

CHAPTER XI LOCAL SELF-GOVERNMENT

Section XII Constitutional Court of Ukraine

Section XIII Amendments to the Constitution of Ukraine

Section XIV Final Provisions

Section XV Transitional Provisions

Based on the content, we can conclude that by adopting the Constitution, the Verkhovna Rada implemented the constituent power on behalf of the entire Ukrainian people. That is why knowledge of this legislative draft is necessary when considering every issue, including divorce.

Family Code of Ukraine

The Family Code of Ukraine was created with the aim of regulating the relationship between relatives and family members. It consists of 7 sections:

Section I General Provisions

Section II Marriage. The rights and obligations of the spouses

Section III Rights and obligations of mother, father and child

Section IV Arrangement of orphans and children deprived of parental care

Section V Rights and obligations of other family members and relatives

Section VI Peculiarities of adoption of children by citizens of Ukraine residing abroad and foreigners

Section VII Final Provisions

Each section is divided into chapters for convenience. Thus, the Family Code consists of 7 sections, including 22 chapters, including a total of 285 articles.

In case of divorce through the court and the registry office, special attention is paid to Chapter 11 of Section II of the Family Code of Ukraine, dedicated to the termination of marriage. The 15 articles in this section (from 104 to 120) clarify:

• grounds for termination of marriage;
• rules for divorce through the registry office by issuing a joint application, or an application by one of the spouses;
• rules for divorce through the courts by filing a joint or a statement of claim;
• recognition of the divorce as fictitious;
• court activities for reconciliation of spouses;
• choice of surname after divorce;
• registration of a divorce;
• the right to remarry and restore a terminated one;
• provisions of the regime of separate residence.

Thus, due to its deep content, the Family Code of Ukraine helps to legally resolve difficult life situations and problems. He emphasizes the importance of universal human values, respect for the natural human rights to family, motherhood and fatherhood, respect for the human right to love and happiness.

Civil Procedure Code of Ukraine

The Civil Procedure Code of Ukraine (CPC) is part of the normative acts that regulate litigation. Consideration of violations of the rights of legal entities and individuals in the framework of judicial proceedings is based on this code.

Knowledge of the provisions of the Code of Civil Procedure increases the ability to protect one’s rights (or the rights of a client) with the help of the Ukrainian judicial system.

The CPC consists of 13 sections:

Section I General Provisions

Section II Order production

Section III Proceedings

Section IV Separate production

Section V Review of Judgments

Section VI Procedural issues related to the implementation of court decisions in civil cases and decisions of other bodies (officials)

Section VII Judicial control over the execution of court decisions

Section VIII Proceedings on appeals against decisions of arbitration courts, challenging decisions of international commercial arbitration

Section IX Recognition and enforcement of decisions of foreign courts, international commercial arbitration in Ukraine, granting permission for the enforcement of decisions of arbitration courts

Section X Restoration of Lost Judicial Proceedings

Section XI Proceedings in Cases with the Participation of Foreign Persons

Section XII Final Provisions

Section XIII Transitional Provisions

Each section contains articles on relevant topics. For ease of reference, some sections are divided into chapters.

Thus, knowledge of the Civil Procedure Code is necessary when considering a divorce in court, while when terminating a tank through a registry office, knowledge of the Rules for State Registration of Civil Status Acts will be useful.

Law of Ukraine on the rules for registration of acts of civil status

A change in civil status without fail requires state registration with the registry office. This procedure is regulated by the legislative draft “Rules for state registration of acts of civil status” (hereinafter “Rules”). According to him, upon registration

• birth;
• marriage;
• divorce;
• surname change;
• of death

it is necessary to adhere to a certain order. All information on this issue is contained in 4 sections, one of which is divided into subsections for convenience:

I General

II General norms of state registration of acts of civil status

General procedure for state registration of acts of civil status

III State registration of certain acts of civil status

1. State registration of the birth of an individual and his origin
2. State registration of marriage
3. State registration of divorce
4. State registration of a change in the name of an individual – a citizen of Ukraine
5. State registration of death.

IV Issuance of documents on state registration of acts of civil status.

We can conclude that, having studied the “Rules”, all the principles of registration in the registry office will become clear.

Law of Ukraine “On court fees” in Ukraine

In case of divorce through a court, a prerequisite for filing an application is a receipt for payment of the court fee. Full information on court fees can be obtained by studying the Law of Ukraine “On court fees”.

It explains:

• rules for the collection of court fees;
• the concept of payers;
• the size of the rates of the court fee;
• the procedure for its payment;
• rules for exemption from payment;
• conditions for the return of the court fee.

Law of Ukraine “On Private International Law”

The Law of Ukraine “On Private International Law” is another important document regulating the process of divorce from foreigners.

This law contains 14 sections and is applied when considering cases with citizens of other countries in order to determine the following provisions:

• applicable law;
• procedural legal capacity and legal capacity of stateless people, as well as citizens of other countries;
• jurisdiction over cases with a citizen of a foreign country;
• control over the execution of letters of orders;
• opportunities for both recognition and use of decisions of foreign courts in Ukraine.

When divorcing a marriage with a foreigner, it also becomes necessary to study the rules for legalizing documents.

The procedure for preparing notarized documents for their consular legalization in Ukraine

The legalization procedure regulated by this legislative draft includes:

• acceptance of documents and registration of the application;
• determining the possibility of legalizing a specific document and the absence of factors that prevent it from doing so;
• verification of compliance of the notary’s signature and the affixed seal on the document;
• affixing an apostille;
• registration of a document for its consular legalization.

Lawyer services based on the law in divorce in Ukraine

If it is necessary to resolve issues of divorce, it should be understood that the divorce process takes place on the basis of the provisions of many legislative projects. That is why no divorce case can be considered superficially.

Knowledge of the legislation allows you to find a way out of even the most difficult situations. And every experienced lawyer will find confirmation of this in practice.

Moreover, entrusting the case to a good lawyer, you have many advantages:

• no need to personally understand the legislative framework of Ukraine;
• significant time savings for the divorce proceedings;
• exclusion of moral trauma and psychological upheaval during the dissolution of marriage;
• availability of a guarantee of the successful completion of the divorce case.

That is why, if it is necessary to dissolve the marriage, a rational solution would be to turn to a family lawyer for help. He will help you get a divorce as quickly as possible, even without your presence!

Family lawyer for divorce law cases in Ukraine

To effectively resolve a case under the divorce law in Ukraine, 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!

Scriabin Alexey Nikolaevich

family lawyer

Contacting us is a way to save time and money in resolving the issue of divorce law in Ukraine.

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 on the road to success in resolving a divorce law case in Ukraine is to contact good family lawyers!

If the article “Law on Divorce in Ukraine” was useful for you, please like it. We will provide you with the most relevant and useful information in the field of family law, as well as on new changes in the legislation of Ukraine regarding the law on divorce in Ukraine.

Useful site materials advokat-skriabin.com:

1. Divorce without registration and registration
2. Which court should you apply for divorce?
3. Husband, wife, children before and after divorce
4. How to Choose a Good Divorce Lawyer or Lawyer
5. Dissolution of a marriage registered abroad in Ukraine
6. Errors in court and registry office documents in case of divorce
7. How to delay a divorce case in court
8. Certificate (statement) on marital status in Ukraine
9. Procedure for termination of marriage