- Termination of marriage in Ukraine
- Grounds for termination of marriage in Ukraine
- Consequences of the termination of a marriage in Ukraine
- Termination of marriage by death in Ukraine
- Recognition of the spouse as deceased as the basis for the termination of marriage in Ukraine
- Divorce as a Ground for Terminating a Marriage in Ukraine
- Grounds for termination of marriage: death or divorce in Ukraine?
- Documents confirming the termination of marriage in Ukraine
- Family termination lawyer in Ukraine
Termination of marriage in Ukraine
On our website advokat-skriabin.com you can familiarize yourself with the topic: “The procedure for terminating a marriage” 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.
Grounds for termination of marriage in Ukraine
Termination of marriage is a procedure with clear rules and order. The main provisions concerning the procedure for divorce are regulated by the Family Code of Ukraine (SKU).
According to article 104 of the CKU, there are only two grounds for the termination of a marriage:
- death (recognition as deceased in court) of a spouse;
- dissolution of marriage in an appropriate way (in court or through the registry office).
Regardless of what kind of basis is applicable to each particular case, the essence of the termination of marriage is the same – the existence of marriage, as a union of two people who have a common married life, ceases.
Consequences of the termination of a marriage in Ukraine
The termination of a marriage, regardless of the grounds, has its own legal consequences:
- termination of personal relationships;
- termination of property relations.
Moreover, each case of termination of marriage has its own procedure and features. In the event that the reason for the termination of the marriage is death, then:
- absolutely all (personal and property) relations are terminated;
- an inheritance is opened;
- the shares of each of the spouses in the common property are determined, etc.
In the event that the termination of the marriage occurs on the basis of the dissolution of the marriage, then, in the appropriate manner, it is possible to preserve certain rights and obligations (for example, the right to common property, the right to alimony, etc.).
Termination of marriage by death in Ukraine
If the death of one of the spouses is a true reason for the termination of the marriage, then the will and desires of the other spouse cannot prevent this fact. According to the procedure, the termination of a marriage as a result of the death of a spouse does not require additional registration. The document confirming the fact of the termination of the marriage will be a death certificate issued in the appropriate manner.
Recognition of the spouse as deceased as the basis for the termination of marriage in Ukraine
One of the reasons for the termination of a marriage, along with the death of a spouse, is the announcement of him as deceased.
According to Article 46 of the Civil Code of Ukraine (GKU), a person can be declared deceased in court under the following circumstances:
- there are no records of her whereabouts for 3 years;
- the person disappeared due to circumstances that could lead to a threat to life, and there is also reason to believe that his death occurred due to an accident – within six months;
- there is a high probability of death as a result of an emergency man-made or natural situation – within one month after the completion of the robots of the special commission;
- a person disappeared during hostilities – after 2 years from the end of the war. In some cases, the duration can be reduced, but not more than up to 6 months of absence.
The spouse or spouse is declared dead from the day when the court decision on this issue came into legal force. According to the GKU, in some cases, a person can be declared dead from the probable day of his death.
The consequences of the declaration of a person as deceased by the court are similar to the consequences of death.
Divorce as a Ground for Terminating a Marriage in Ukraine
According to the Family Code, divorce is one of the grounds for ending a marriage.
Divorce can be carried out by filing one of several options for applications in a judicial or administrative order:
- joint application for divorce through the registry office in accordance with article 106 of the CKU;
- statements by one of the spouses to the registry office in accordance with article 107 of the CKU;
- joint application for divorce through court in accordance with Article 109 of the CKU;
- a statement of claim for divorce through the courts in accordance with Article 110 of the CKU.
Depending on each specific situation, the procedure for divorce is regulated by the legislation of Ukraine. Divorce through the court takes place in accordance with the “Civil Procedure Code”, while the divorce through the registry office is based on such legislative projects as:
- Family Code of Ukraine;
- Rules for state registration of acts of civil status.
A divorce lawyer will help you to understand the divorce procedure in more detail. A family lawyer thoroughly understands the Divorce Laws (legislation), and therefore will be able not only to competently advise on the issues that have arisen, but also to help with divorce without being present.
Grounds for termination of marriage: death or divorce in Ukraine?
Since the basis for the termination of marriage can be both the death (recognition as deceased) of the spouse, and the dissolution of the marriage, it is necessary to dwell in more detail on the question of what exactly will be considered the basis for the termination of the marriage when death occurs on the day of the dissolution of the marriage.
Article 104 of the Family Code of Ukraine clearly states that death will be the reason for the termination of marriage only if it occurs before the entry into force of the court decision on the dissolution of the marriage.
Considering that the court decision comes into force 30 days after it is made and only the day can be determined, and not the exact time, it does not depend on what time of the day the person died, the day the court decision on divorce comes into legal force will be considered grounds for termination of the marriage.
In case of divorce through the registry office, the dissolution of the marriage occurs one month after the filing of a joint application for divorce. Thus, if the spouse has died within a month after the application was filed, the marriage will be considered terminated due to death.
If the spouse died on the day of registration of the divorce at the registry office, then the divorce will be considered the basis for the termination of the marriage.
Documents confirming the termination of marriage in Ukraine
There are several types of documents confirming the termination of a marriage:
- death certificate;
- a court decision on divorce;
- divorce certificate.
Each of these documents has legal force not only on the territory of Ukraine, but also abroad. However, it should be remembered that if it is necessary to use these documents on divorce abroad, they must be legalized without fail. An experienced lawyer will help you with this, who will be able to affix an apostille on documents as soon as possible without your presence.
Family termination lawyer in Ukraine
For an effective decision on the procedure for terminating a marriage, you should contact professional family lawyers.
- 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!
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 ending your marriage is to contact good family lawyers!
If the article “Marriage Termination Procedure” 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 procedure for terminating a marriage.
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