✅ Divorce by mutual consent

Divorce by mutual consent
Our family lawyers are very often asked the following questions: In what case can a joint application for divorce be rejected? How to draw up a statement of claim for divorce with minor children? What should a spouse representative have when filing for divorce on their behalf?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “Divorce by mutual consent” 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.

What are the features of a divorce by mutual agreement through the court and the registry office in Ukraine?

Divorce for each specific case has its own characteristics. The procedure for terminating a marriage is different with and without children, between residents of the same state and those who live in different countries, etc. At the same time, one of the important factors that determines the principle on which the divorce will take place is the consent between the spouses to dissolve the marriage. The presence or absence of consent has a significant impact on the procedure for divorce, in particular on where it will take place.

As you know, there are 2 ways to divorce:

  • through the court;
  • through the registry office.

The procedure for a divorce through a court is more complicated than a divorce through a registry office. However, it is important to know that in order for divorce to pass through the registry office, certain conditions must be met.

One of these conditions is the absence of common minor children. And the second is the presence of mutual consent between the spouses.

Thus, in the absence of children, it is the mutual consent of the spouses that is the basis for divorce through the registry office.

Having reached mutual agreement, the spouses have the opportunity to go through the divorce procedure through the registry office. However, in the event that a married couple has common minor children, divorce through the registry office becomes impossible. Then it is necessary to go to court, where it will be determined in court whether the decision on divorce is optimal for a particular family with a child and, depending on whether there is a chance to keep the spouses in their relationship, a period for reconciliation can be allocated.

In this case, the main factor that significantly affects the order of termination of marriage is the presence of a minor child. It is his interests that are protected by representatives of the judiciary when deciding on the divorce case under consideration.

How does a divorce go through the registry office by mutual consent in Ukraine?

Divorce through the registry office by mutual consent is much easier than through a court. But it is important to remember that such a divorce procedure is possible only if the married couple does not have common minor children.

Having reached a mutual agreement on a divorce, it is necessary to come to the registry office and write a joint application for divorce. This statement will be the basis for divorce.

Within a month, the spouses may change their minds to divorce and withdraw their application. However, if this did not happen, at the appointed time, the husband and wife will need to appear at the registry office at the place of filing the application to confirm the decision on divorce and obtain a certificate of divorce.

It so happens that even after reaching a mutual agreement, a husband or wife changes their minds and becomes opponents of divorce. In this case, the divorce will be considered exclusively through the court.

Divorce without mutual consent is carried out on the basis of a statement of claim, in which one of the spouses expresses his desire to divorce, arguing this with certain factors. Further, this application is considered in court and a decision on divorce is made.

The timing of a divorce in this case depends on many factors, including how the other spouse will behave when considering the case. If at the court session he can convince the representatives of the judiciary of the desire to save the family, time will be allocated for reconciliation. If after this period, the desire to divorce remains, then the plaintiff will be able to achieve his original goal, namely, a divorce without mutual consent.

How to write an application for divorce by mutual consent through the court in Ukraine?

You can write an application for divorce by mutual consent yourself, using the examples. However, it is important to know that each particular divorce case is different from the rest. That is why a stereotyped approach to writing a statement can negatively affect the timing of divorce.

In this regard, the services of a lawyer in divorce are becoming more and more popular. An experienced lawyer will help you draw up the application correctly, specifying the arguments in such a way that no one has any doubts that the marriage should be dissolved. By contacting a family divorce lawyer, you can significantly save your time for more enjoyable cases.

To effectively resolve a divorce case by mutual consent, you should contact professional family lawyers in Zaporozhye.

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;
  • will provide legal support for 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 by mutual consent.

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 to success in a consensual divorce case is to contact good family lawyers!

If the article “Divorce by Consensus” was useful to you, please like it. We will provide you with the most relevant and useful information in the field of family law, as well as inform you about new changes in the legislation of Ukraine regarding divorce by mutual consent.

Frequently Asked Questions to a Family Lawyer in Ukraine

Because of what the divorce process in court can be delayed?
Can you change your mind about divorce after the application has been submitted?
In what cases can a marriage be dissolved without a trial?
Do I need the personal presence of the Client in court?
What documents are needed to initiate family litigation?
Is it possible to dissolve a marriage with a foreigner, or if one of the spouses lives abroad?
What is your experience with family affairs?
What is the cost of legal services in your company?
What is the cost of consulting a family lawyer?
Is it possible to pay for your services based on the result of resolving the issue?
Where is your office located and how do you work?

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Useful site materials advokat-skriabin.com:

  1. Divorce from a pregnant wife
  2. Divorce in another city
  3. Divorce in Ukraine with Crimean registration
  4. Divorce for IDPs from Donetsk and Lugansk
  5. Divorce online through the court and the registry office
  6. Turnkey divorce without the presence of a spouse
  7. Divorce from children through court
  8. File a divorce from an imprisoned husband
  9. File for divorce from a foreigner
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Checked by Victoria on 23.06.21

ADVEGO

divorce 44 5.10
consent 24 2.78
by mutual agreement 22 2.55 / 5.10
mutual 22 2.55
divorce by mutual consent 16 1.86 / 5.57
divorce to mutual 15 1.74 / 3.48
family 15 1.74
statement 13 1.51
lawyer 12 1.39
registry office 12 1.39
child 10 1.16
solution 8 0.93
family lawyers 8 0.93 / 1.86
case 8 0.93
court 8 0.93
order 7 0.81
spouse 7 0.81
marriage 6 0.70
pass 6 0.70
divorce registry office 6 0.70 / 1.39
judicial 6 0.70
be 6 0.70
statement divorce 5 0.58 / 1.16
exactly 5 0.58
may 5 0.58
minor 5 0.58
minor children 5 0.58 / 1.16
divorce procedure 5 0.58 / 1.16
termination 5 0.58
dissolution of marriage 5 0.58 / 1.16
decision divorce 5 0.58 / 1.16
divorce lawyer 4 0.46 / 0.93
lot 4 0.46
availability 4 0.46
write 4 0.46
image 4 0.46

Checked by Victoria on 05/17/21

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SKRIABIN
Because of what the divorce process in court can be delayed?
If one of the spouses convinces the court that there are no grounds for divorce, the court may set aside time for reconciliation.
Can you change your mind about divorce after the application has been submitted?
Within a month, the spouses may change their minds to divorce and withdraw their application.
In what cases can a marriage be dissolved without a trial?
It is possible to dissolve a marriage in the registry office only in the absence of children and with the consent of both spouses. Otherwise, the marriage is terminated by the court.
We will accompany the divorce proceedings in court independently and as soon as possible.
Do I need the personal presence of the Client in court?
No. We value the time of our Clients and accompany turnkey litigations without their participation. As a result, you receive a court decision that has come into force, which resolves your legal issue.
What documents are needed to initiate family litigation?
For the preparation and submission of documents to the court, only a copy of the Client's passport is sufficient. The rest of the documents, if necessary, are obtained (restored) by our lawyers.
Is it possible to dissolve a marriage with a foreigner, or if one of the spouses lives abroad?
Yes. We will accompany the dissolution of your marriage with a foreigner as soon as possible. Also, in the absence of one of the parties to the marriage in Ukraine, our lawyers will accompany the divorce proceedings without the participation of the Client and / or his spouse.
What is your experience with family affairs?
Our law firm has been successfully practicing in the legal services market since 2007.
What is the cost of legal services in your company?
The cost of services depends on the complexity and specifics of a particular family business. Our prices are affordable, competitive and always payback for our Clients.
What is the cost of consulting a family lawyer?
Initial consultation is provided free of charge.
Detailed consultation of a lawyer (up to 30 minutes) - from 300 UAH.
Is it possible to pay for your services based on the result of resolving the issue?
Yes. We, unlike other law firms, practice phased payment for services. The final settlement is only based on the result of the provision of legal services.
Where is your office located and how do you work?
We provide legal services remotely, online and in person at:
69000 Zaporozhye, Cathedral Avenue 91, office 12 (Reference point: stop "Small Market", cinema "Zirka")
Opening hours: Mon.-Fri. 08-00 to 20-00, Sat. 11-00 to 15-00.
Pre-appointment for a consultation:
+38 (066) 777 37 33
+38 (097) 403 73 05
(Viber, WhatsApp, Telegram)