The termination of marriage in Ukraine is governed by the Family Code of Ukraine effective as of 1 January, 2004.
Grounds for termination of marriage:
- death of one of spouses or declaring him/her dead;
- divorce.
Divorce
Either spouse or both spouses have the right to apply for a divorce to the civil registry office and to obtain a divorce on the basis of an act from the civil registry office. A marriage can also be dissolved as a result of divorce on the basis of a court order, if both spouses apply for it. A divorce can also be obtained on the basis of a court order if only one of the spouses applies for it.
Dissolution of marriage at the civil registry office
Spouses having no children have the right to apply to the civil registry office for a divorce. The civil registry office issues an order on divorce on expiry of one month from the moment of applying. A marriage is dissolved irrespective of existence of property disputes between spouses.
One of spouses has the right to apply for a divorce to the civil registry office if the other spouse is:
- declared missing;
- legally incapable;
- convicted for a crime and sentenced to imprisonment for at least 3 years.
Fictitious divorce
Upon application of an interested person a dissolved marriage can be acknowledged fictitious by court, if the court establishes that a husband and a wife continued to live together as one family and did not have any intention to terminate their marriage relations. On the basis of a court decree the divorce record and divorce certificate are annulled by the civil registry office.
Dissolution of marriage in court
A marriage is dissolved in court, if spouses have common under age children, or if one of spouses does not consent to dissolution of marriage.
Spouses having children have the right to file their application for a divorce to the court with an agreement in written form about the following:
- with whom of them their children will live;
- children and spousal support by the spouse, who will live separately;
- conditions of exercising the right for personal participation in upbringing of children.
Agreement of spouses about the size of allowance for children is to be certified by a notary. In case of default, the allowance can be demanded on the basis of executive note of the notary.
The court issues an order on divorce, if it is established that the application for a divorce answers the real will of a husband and a wife and that after their divorce their personal and property rights and the rights of their children are not affected.
The court issues an order on divorce on expiry of one month from the day of applying for divorce. During this period a husband and a wife have the right to cancel their application for a divorce. A husband has no right to file a claim for dissolution of marriage during a wife's pregnancy and within one year after the birth of child. However he has such a right, if father of the future child is another man.
The date of dissolution of marriage
A marriage dissolved at the registry office is terminated the day of issuing an act. If a marriage was dissolved by court, the effective date of dissolution of marriage is the day of entry of a court decision into force.
The civil registry office issues a divorce certificate.
The above is intended to provide a brief guide only. It is essential that appropriate professional advice is obtained. Our company will be glad to assist you in this respect.
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