Estimated reading time: 3 minutes

1. Divorce Through Civil Status Registration Authorities (Out-of-Court Procedure)

​

Divorce through the civil status registration authorities is possible only where the spouses have no children, in accordance with Article 106 of the Family Code of Ukraine.

​

Conditions:

• mutual consent of both spouses;

• absence of common children.

If one spouse cannot personally submit the application for a valid reason, that spouse may provide a notarised application to be submitted by the other spouse.

​

Where Should the Application Be Filed?

The application may be filed with any civil status registration authority in Ukraine, regardless of the spouses’ registered place of residence. During martial law, this rule applies on a permanent basis.

​

Required Documents:

• passports or ID cards of both spouses;

• the original marriage certificate;

• receipt confirming payment of the state duty.

Procedure:

One month must elapse after the application is filed. If the application is not withdrawn, the civil status registration authority registers the divorce and issues a divorce certificate. The marriage is deemed terminated on the date the divorce is registered.

Important:

Divorce through the civil status registration authorities is carried out regardless of whether there are property disputes between the spouses.

​

Abroad, divorce may be carried out through a Ukrainian consular institution where the relevant international treaty applies.

2. Divorce Through Court

The judicial procedure is mandatory in all other cases, in particular:

• where the spouses have common children;

• where one spouse does not consent to divorce or avoids filing a joint application with the civil status registration authorities.

There are two types of court divorce proceedings:

​

A. Upon a joint application of spouses who have children (Article 109 of the Family Code of Ukraine).

The spouses submit a joint application to the court together with a written agreement determining:

• with whom the children will reside;

• the procedure for participation of the separately residing parent in the upbringing and maintenance of the child;

• the amount of child support (this agreement must be notarised).

The court verifies whether the application reflects the genuine will of the spouses and whether the rights of the children and spouses are not violated. The decision is issued after one month has elapsed from the date the application was filed.

​

B. Upon a claim filed by one spouse (Article 110 of the Family Code of Ukraine).

A claim may be filed by either spouse at any time.

Which Court Should the Claim Be Filed With?

• As a general rule, at the registered place of residence of the defendant.

• At the place of residence of the claimant, if minor children reside with the claimant or if the claimant cannot travel to the defendant for valid reasons, including health reasons.

• By agreement of the parties, at the place of residence of either spouse.

• If the defendant is abroad or their whereabouts are unknown, at the location of their property or at their last known place of residence.

What Should the Statement of Claim Contain?

• the name of the court;

• details of the claimant and defendant, including full name, address, taxpayer registration number and contact details;

• the circumstances of the case, including the date of marriage registration, period of separate residence, reasons for divorce and information about children;

• the claim for divorce.

Documents to Be Attached:

• copy of the marriage certificate;

• copies of the spouses’ passports and taxpayer registration numbers, where available;

• copies of the children’s birth certificates;

• receipt confirming payment of the court fee;

• copy of the statement of claim for the defendant.

Consideration of the Case:

The court takes measures to reconcile the spouses if this does not contradict the moral foundations of society. However, reconciliation measures do not apply where one spouse has committed domestic violence under Article 111(2) of the Family Code of Ukraine.

​

The court clarifies the actual relationship between the spouses, the reasons for divorce, the presence of young children, children with disabilities and other important circumstances. A divorce decision is issued if further joint life would be contrary to the interests of one spouse or the children.

​

Moment of Termination of Marriage:

• through the civil status registration authorities — on the date the divorce is registered;

• through court — on the date the court decision enters into legal force.

A court decision on divorce is the only document confirming the divorce. A separate divorce certificate is not issued by the civil status registration authorities in this case; the court sends the decision to the civil status registration authority for entry of the relevant information into the register.

All Insights...