Dissolution of marriage
Services of a lawyer in Kyiv
Dissolution of marriage is one of the grounds for termination of marriage (part 2 of article 104 of the Family Code of Ukraine).
The Family Code of Ukraine provides for the following ways of dissolving a marriage (depending on the circumstances):
- by the state civil registration authority at the request of spouses who do not have children (art. 106 of the Family Code of Ukraine),
- by the state registration agency at the request of one of the spouses, when the other spouse has been declared missing or legally incapable (art. 107 of the Family Code),
- by court decision at a joint request of the spouses who have children (art. 109 of the Family Code),
- at the claim of one of the spouses on the basis of a court decision (art. 110 and 112 of the Family Code of Ukraine).
More often family lawyer provides legal assistance in the divorce on the claim of one of the spouses on the basis of the decision of the court.
I offer my clients a comprehensive support of this issue – from drawing up and filing of the claim for dissolution of marriage to the transfer of the decision of the court, which came into legal force, at reasonable prices in Kyiv.
What documents are needed for divorce
When signing a contract to provide legal assistance for the dissolution of marriage at the claim of one of the spouses on the basis of a court decision, I ask my clients to provide me with the following documents:
- original receipt for payment of the court fee,
- copies of the plaintiff’s passport and ID code,
- copies of the defendant’s passport and ID code,
- copies of the plaintiff’s and defendant’s marriage certificates,
- copies of the birth certificate of the child(ren),
- and, as the circumstances may require, copies of additional documents.
The procedure for dissolving a marriage in court
According to the general rule, the claim for dissolution of marriage is filed in the court at the registered place of residence of the defendant (art. 109 of the Civil Procedural Code of Ukraine).
After determining the jurisdiction of the case, the package of documents is formed and submitted to the appropriate court.
The court opens the case and appoints the case for trial.
As a rule, this category of cases in two court sessions are considered and a decision is made on the dissolution of the marriage.
According to Article 112 of the Family Code of Ukraine:
- The court clarifies the actual relations of the spouses, the real reasons for the claim for dissolution of marriage, takes into account the existence of a young child, a disabled child and other circumstances of life of the spouses.
- The court shall issue a decision on the dissolution of the marriage, if it is found that the continued cohabitation of the spouses and the preservation of the marriage would be contrary to the interests of one of them, the interests of their children, which are essential.
Sometimes female clients use their right to choose their last name after the divorce and restore their premarital surname (Article 113 of the Family Code of Ukraine).
According to part 2 of Art. 114 of the Family Code of Ukraine, in the case of dissolution of marriage by the court, the marriage is terminated on the day of entry into force of the court decision to dissolve the marriage.
Cases of divorce, although simple in legal terms, but, as well as other cases, require proper attention and procedure.
