Publications Dissolution of marriage and place of residence of children

Divorces are more common nowadays. Once divorced, spouses face a number of questions. The most frequently asked questions are: whether it is necessary to apply to the courts or whether it is possible to obtain a divorce through the civil registry office (simply speaking as a people); what should be taken into account by couples who have children in divorce; how long will it take to obtain documents, confirming divorce, etc.

Depending on the specific situation, it is possible to «get a divorce» both with the help of the registry office and with the help of the court.

Also important is the case where divorce is temporarily impossible. Such cases may include the situation if the spouse is pregnant or if the joint child is under the age of 1. 

At the same time, there are legislative exceptions to the rules, which include cases where one of the spouses has committed an offence against a child or a wife/husband for which criminal liability is established, or where the child’s paternity, which the couple considered together is disputed by the other person.

    If you have decided that it is not possible for the family to continue living together and have decided to divorce, the options provided for in the Act should be considered.

Firstly, the law provides for the dissolution of a marriage through the civil registry.

This procedure is appropriate for couples who have no children and are not pregnant. For this purpose, the registrar at the place of residence of either spouse must apply for a marriage certificate and passports. You will be provided by the registrar with an application, which will be completed by the spouses, to confirm the seriousness of the intention to divorce.

The marriage can then be dissolved after one month. This period is provided for in the Family Code because it is considered necessary in order to enable couples to make the right decision or, in the simplest terms, to reconcile. 

After filing an application, in a month, you will be required to report to the registry office to obtain a document confirming the divorce. According to the value, the divorce through the registry office, according to the Decree of Kabmina "On the State Duty", will be 8 hryvnias and 50 kopecks. To this should also be added the preparation of a statement by the Registrar, which can be from 22 to 24 hryvnias, the price varies according to the Registrar. The Civil Registry Officer will provide you with the particulars for the payment of the State Customs Duty. Please note that the Civil Registry Office is responsible for this.

Second: The law provides for divorce through the courts. This method is suitable for couples who have children, either if only one of the spouses wishes to divorce, or both cases relate to your life situation at once. In such a case, the spouse who decided that it would not be possible to continue living together would have to resort to the court to adjudicate the dispute.

The court hearing of your dispute may take from one to several months. Since, at the request of one of the parties, the court may give a line for conciliation, which may be up to six months.

It is thus possible to change the length of court proceedings, simply put, to delay or speed up the divorce process, if there is adequate legal assistance from the divorce lawyer.

The court fee to be paid in bringing an action is 840 hryvnias. 80 cps.

If the above situation applies to yours, then you will need: a divorce suit in duplicate; the original of the payment receipt is for the court.

If the couple has children together, then there are several nuances to be taken into account, namely, in the statement you address to the court, it is necessary to indicate immediately which of the parents will live with the joint children. 

Alternatively, it is possible to sign a contract where the children’s place of residence after divorce will be indicated at the place where the action is brought before the court. In addition, parental rights and responsibilities for the care, upbringing and education of children may be specified. Such a contract shall be certified by a notary.

It is often the case that parents cannot agree between themselves on where and with whom the children will live after their divorce. 

In this case, in order to settle the dispute between the parents of the child, we are again assisted by the court.

This means that the parent has the right to apply to the court to determine the child’s place of residence.

However, it should be borne in mind that parents are equal in their rights and responsibilities towards their child. The fact that the spouses live together in the same family does not affect the scope of these rights and does not relieve them of the obligations imposed by the Act. 

Adults with children should give equal attention to the upbringing and development of children together. They are jointly responsible for the proper education, morale and emotion of their children. It should also not be forgotten that we are adults who have an obligation to act in the best interests of our children and to take their views into account.

When making a decision, the court shall proceed solely on the basis of the interests of the child, respecting the child’s rights. In the decision, the court is obliged to justify the choice of the child’s place of residence, taking into account the child’s and the parent’s relationship, the way of life and the best conditions for the child’s development in general.

It should also be borne in mind that, when bringing an action before the courts, it is mandatory to involve the tutorship and guardianship agency as a third party.

The guardianship authority is referred to the court to ensure that the interests of the minor are balanced. The guardianship authority also conducts surveys of the living conditions of the child, followed by a conclusion, which is placed in the case file of the court.

Such a conclusion is recommendatory, and the court may take into account or ignore the conclusion of the guardianship authority in its decision.

It is labour-intensive to apply to a court to establish the child’s place of residence, since a package of documents must be filed with the claim to serve as evidence.

Also, the claim must clearly state the arguments that would help the court to reach a positive decision in your interest. 

The legislator has not provided a precise list of the documents required for the formation of the claim. The standard set consists of birth certificates; income certificates; divorce orders; certificates from kindergarten or school; medical information on the child’s state of health; The Housing Survey Report drawn up by the guardianship authorities and, of course, the Court’s payment receipt. collection.

It should be borne in mind, however, that the other parent, in whose favour the court decides, may shirk the obligation to support the child or children.

The court fee for filing an action with the subject of the dispute is 840 hrn.80 pp. Such payment to the Treasury is mandatory. It should also be borne in mind that divorce may be a ground for a change of surname. However, such a change is made only at the will of the parties.

recommend reading
Building a residential building: where to start? Building a residential building: where to start?

It is not necessary to understand the intricacies of the law to understand that obtaining permission…

The Restoration of Parental Rights: How We Returned The Child to the Mother

Arguing with children nowadays is no surprise. And unfortunately, it is children who are often the bargaining…

How to deal with poor-quality goods How to deal with poor-quality goods

The most useful references to the ZU "On consumer protection", which will certainly help you in your…

Establishment of procedures for communication with the child

It is not uncommon nowadays that after a period of time, relationships in the family may not work out.…