This article tells you about what you need to go through when you are getting a divorce and support services for the persons involved.
Before you come to a decision of getting divorced, counselling can help you discuss your problems, learn the skills to work out conflicts and get to know the options ahead of you. Counselling and referral service is provided by Integrated Family Service Centres/Integrated Services Centres, for individuals and families in need.
Integrated Family Services from the Social Welfare Department/ Non-governmental Organisations
The following link provides you with useful information on how to apply for a divorce to the court, such as forms to fill in, details of the proceedings and whether you should hire a lawyer.
How to apply for a divorce
You will also find it helpful to seek legal advice and assistance in the proceedings. You can learn how to apply for legal aid, seek legal advice or hire a lawyer to represent you from the article below.
How to get legal advice and assistance
When you and your spouse encounter difficulties in coordinating the care and contact arrangement of your children in the process of separation/divorce, you can seek assistance from social workers of the Specialised Co-parenting Support Centres.
Specialised Co-parenting Support Centres
Couples who are currently living in Public Rental Housing (PRH) flats should approach the Housing Department (HD) for housing arrangements after they have finalised the divorce proceedings. The HD may grant the tenancy of the current flat to either party, or allocate an additional flat to the divorcees, depending on their means, custody of the children, and individual circumstances.
Housing arrangements for divorced couples
Assistance on education is also provided for children from single-parent or broken families.
Kindergarten and Child Care Centre Fee Remission Scheme
Divorce without registration | How to get a divorce outside the place of registration
Divorce without registration in Ukraine
Hello everyone! My name is Daria Sergeevna Skriabina. I am a family lawyer. Our law company specializes in providing legal services for divorce and recovery of alimony. Our lawyers provide support in court proceedings throughout Ukraine.
In the article “Divorce without registration” I will tell you whether a divorce is possible without a registration, where to file for divorce if there is no residence permit, is it possible to divorce in another city without a residence permit.
Be sure to read the article “Divorce without registration” on the website advokat-family.com.ua to the end and learn a lot of interesting things about divorce without registration.
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Is divorce possible without registration in Ukraine?
Is divorce possible if both spouses do not have a residence permit? Of course, yes, but such a divorce procedure is accompanied by a lot of difficulties, which significantly increases the terms of the divorce proceedings.
The rules for determining the territorial jurisdiction of divorce cases are regulated by the Code of Civil Procedure of Ukraine and make it possible to determine the competent court for filing a statement of claim.
Receiving a divorce statement of claim, the court does not check the place of registration of the applicant, therefore, you can specify any address of the place of residence convenient for correspondence. While the registration of the defendant is checked by drawing up requests to the competent state authorities.
Where to file for divorce if there is no registration in Ukraine?
As you know, citizens of Ukraine can dissolve a marriage in the judiciary and the registry office.
However, it should be noted that in accordance with the Rules of State Registration of Civil Status Acts, approved by the Order of the Ministry of Justice dated 10/18/2000 No.
52/5, an application to the registry office is submitted strictly according to the registration of one of the spouses.
If both spouses do not have a residence permit, then divorce through the registry office is excluded.
Establishing the jurisdiction of a divorce case, the court pays special attention to the registration of the defendant. This is due to the right of the defendant to be informed about the case with his participation and the opportunity to represent his interests.
Divorce from my husband without registration in Ukraine
If the place of registration and the actual place of residence of the defendant / husband is unknown (the husband is without a residence permit), this situation is regulated by Article 28 of the Code of Civil Procedure and involves sending a claim:
- at the last place of residence or registration, which is known to the plaintiff.
However, not everything is so simple. The court sends a request to the address bureau at the address that you indicated in the statement of claim against the defendant.
If the husband changed his place of residence and did not notify you, then the court will refuse to open the proceeding and offer to take away the statement of claim personally, or he will transfer it to another court for consideration, at the new place of registration of the defendant.
Transferring a statement to another court, in practice, takes a long time, however, this procedure for considering a divorce case will help to avoid repeated payment of the court fee.
The competent court makes a request to the address bureau at the new place of registration of the defendant and waits for confirmation.
- The court opens proceedings on the case only if the address bureau confirms that the defendant is registered at this address or was previously registered, but has now been discharged and is in fact without a residence permit.
Unilateral Divorce | Divorce without consent
Unilateral divorce is a legal procedure for the dissolution of an active marriage between spouses, which occurs at the initiative of one of the parties without the consent of the other party to divorce, or when it is impossible to express disagreement.
- The desire to dissolve a marriage is not always common among spouses – this factor is the reason for divorce only in a judicial and unilateral manner.
- If the couple does not have common minor children, but one of the spouses does not agree to a divorce, it is necessary to apply to the court and carry out the divorce unilaterally.
- It is also possible to part at the request of one party through the registry office, but only in special cases provided for by law, if the other party, for objective reasons, is unable to express its disagreement.
The legal and regulatory framework governing the procedure for divorce, as well as the grounds, procedurality and necessary documents, reflected in the Family, Civil, Civil Procedure Codes and other regulations. Link to the general regulatory framework – https://zakon.rada.gov.ua/laws/main/index.
Unilateral divorce of spouses through the registry office in Ukraine
Divorce unilaterally through the registry office, despite the presence of common minor children and without the presence of a husband, is possible if a person:
- recognized as missing by the court decision;
- declared incompetent (also in the presence of a court decision of the same name).
In the event that the marriage is dissolved by one of the spouses on the above grounds, but the representative or guardian of the incapacitated person has a dispute over property, the marriage will be dissolved at the registry office, and the dispute over the property will be resolved in a separate court proceeding at the initiative of the applicant-plaintiff (his representative ).
How to file a divorce through the registry office unilaterally in Ukraine?
- The applicant-initiator must visit the department of state registration of acts of civil status at the place of residence on the reception day;
- Complete the proposed divorce application;
- Provide specialists with the necessary documents:
- original passport of the applicant;
- original marriage certificate;
- a document confirming the impossibility of obtaining consent to divorce from the second husband (court decision);
- a receipt for payment of the state duty.
After the application is received by the registry office, the specialist who accepted it is obliged, within three days, to inform the representative of the party or the trustee of the incapacitated person about the upcoming divorce, indicating its specific date. If the other party is declared missing by the court, the registry office specialist informs about the divorce of the manager of the property of such a person, and in his absence – the guardianship and trusteeship body.
Dissolution of marriage unilaterally at the request of the spouse is carried out after one month from the date of filing the application in the presence of the person initiating the divorce.
Unilateral divorce through court in Ukraine
One of the conditions for the termination of family relations in a judicial unilateral order is the lack of consent of one of the spouses to divorce, or his evasion from appearing at the registry office for registration of a divorce. You also need to part through the courts if a married couple has common minor children.
If the husband or wife unilaterally decided to divorce, but could not convince the other party of the need for divorce, it is necessary to file a claim with the court.
The jurisdiction of such a claim will depend on the nature of the dispute, the presence of children and other features of the divorce:
- An application for divorce is submitted to the registry office if:
- the couple has no common children or there is no dispute about them in the process;
- A divorce suit is filed in court if:
- in the process of divorce, the question of the appointment of alimony or the procedure for communication or residence of children is raised;
- a dispute arises between the parties about the division of property;
It should be noted that a statement of claim in compliance with the rules of jurisdiction can be filed not only at the place of residence of the defendant, but also at the place of residence of the plaintiff if he lives with a young child or for health reasons is unable to visit the court at the location of the defendant …
If one of the spouses does not want to part, the court will issue a decision on divorce no earlier than three months later.
If a claim for divorce unilaterally is filed during the pregnancy of a woman or there is a child under the age of 1 year, the court returns the claim to the applicant as it is impossible for consideration.
A marriage that is broken up through a court is considered terminated from the moment the court decision enters into legal force.
Also useful information on the website “Divorce Online” of the family lawyer Alexei Nikolayevich Scriabin for you may be: divorce, grounds and procedure for divorce, a divorce statement, a statement of claim for divorce, documents for divorce, documents for divorce from DRACS, divorce through court, divorce in the registry office, can you leave without the consent of your husband or wife?
Drawing up a statement of claim for divorce in Ukraine
A statement of claim for divorce between spouses, submitted to the court, must include the following parts:
- The claim begins with the address part, contains
- the name and address of the court to which the application is submitted;
- FULL NAME. the plaintiff, as well as his address and contact numbers;
- similar data about the respondent (if any).
- The name of the claim “Statement of claim for divorce”;
- The main body of the claim:
- the date of the marriage is indicated;
- the reason why the plaintiff wishes to dissolve the marriage;
- indicates the lack of consent to the divorce of the defendant (another person) and related problems (dispute about children and / or property – if any).
- Claim requirement – divorce, solving the issue of maintaining children or the procedure for communicating with them, as well as resolving a property dispute (if any). Each stated requirement must be supported by a reference to a legal norm (i.e. an article of family, civil and other legislation).
- Attached (submitted in 2 copies):
- the statement of claim itself;
- copy of the plaintiff’s passport and taxpayer code;
- copy of the defendant’s passport and taxpayer code (if any);
- copy of marriage certificate;
- a copy of the birth certificate of the child (children);
- documents on property, if the claim raises the question of its distribution (checks, contracts, certificates, etc.);
- a receipt for payment of the state fee.
The court fee for divorce in court is 908 hryvnia (as of 2021) and is paid before filing a statement of claim in court, after which the original receipt is provided to the court with other documents. Otherwise, the case will not be accepted for consideration.
Divorce in Russia
Every day we receive many emails from around the globe with questions on how to resolve matrimonial issues with Russian citizens. Many people are concerned how to get a divorce with a Russian wife or Russian husband.
Administrative Divorce in the Russian Federation
The type of divorce is quick and simple, but there are certain prerequisites need to meet:
- Both spouses agree on a divorce
- Don’t have minor children
- Don’t have property issues
Joint application for divorce would need to be filled out and submitted to a ZAGS authority in Russia (Russian Vital Records Office).
However, an Administrative Divorce requires personal appearance to ZAGS of either both spouses or one of the spouses with the consent of the other party.
This is not always possible to achieve because, most of the time, both parties of divorce procedure are located overseas of Russia. Besides, in most countries, a divorce only be achieved through a court.
Due to this, these countries may not recognize an Administrative Divorce in Russia. Therefore, Karina Duvall as an International Divorce Attorney, recommend getting a divorce with foreigners through a court.
Benefits of Divorce in Russia
Compared with the law of most countries, Russian Family Law allows getting a divorce order without resolving any other matrimonial issues. This means that you can get divorce quickly while avoiding high expenses.
Subsequently you keep the right to resolve any other matrimonial issues: child custody, child support, equitable distribution (division of property), spousal support (alimony), visitations, etc.
Meanwhile in the United States, United Kingdom, Europe or Australia dissolution of marriage can take many years due to the necessity of resolving all matrimonial issues listed above, you can be divorced in the Russian Federation during just few months.
Why the term of divorce is important?
During marriage, each spouse has certain rights and obligations:
- In case of death of one of spouse, the other spouse will become as inheritor.
- In the case that spouses have no pre-nuptial agreement, they will keep common property regime until last day of marriage. Therefore, they have risk of division of property even if they bought it living separately.
- In case of obtaining a professional degree by one of spouse during divorce procedure, but before divorce become final, the professional degree can be subject to division.
- In some cases, a Russian divorce can help spouses avoid obligation to pay a spousal support.
- In case of divorce in Russia, you can avoid the obligation to serve Russian defendant according to Hague Convention of November 15, 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.
Judicial Divorce in Russia
This type of divorce is when a marriage is terminated by judicial order. During Russian divorce procedure, you do not have to find grounds for divorce or prove them. Therefore, you have the right to get divorce without having an explanation and grounds trial.
Step 1: You need to hire international divorce attorney in Russia. You can choose Karina Duvall as your divorce attorney.
Step 2: You need to provide your divorce lawyer a Power of Attorney. In most cases, a Power of Attorney requires an apostille according to the Hague Convention of October 5, 1961 Abolishing the Requirement of Legalization for Foreign Public Documents.
Step 3: You need to provide your divorce attorney the necessary information about your marriage.
Step 4: You need to provide to your attorney the marriage certificate and child’s birth certificate (if you have any children). If there are absents of any of the documents above, you need to ask Karina Duvall to obtain duplicates of certificate of marriage and certificate of child birth certificate (if applicable). She is doing it in any jurisdiction.
Step 5: Your attorney will prepare and file divorce case to the proper Russian court.
Step 6: The judge will consider your divorce action and making decision.
Step 7: They both parties have right to appeal during a one month period. If there is no appeal, the Russian divorce order will become into force.
Karina Duvall will provide you her professional services during every stage and any difficulty. Feel free to contact us at any time for any matter.
Legal separation and divorce law across the EU
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Last checked: 16/12/2021
National laws in EU countries will determine the reasons you can file for divorce or legal separation, and the procedures involved. The rules vary greatly from one EU country to another.
However, a number of EU rules help determine which courts have jurisdiction and which law applies in cases involving two or more EU countries – for instance, because you and your spouse live in different countries or have different nationalities.
Where can you file for divorce or separation?
You can request a divorce or legal separation together with your partner as a joint application, or alone.
You can file your request with the courts in the country where:
- you and your spouse live
- you last lived together – provided one of you still lives there
- one of you lives – provided you are filing a joint application
- your spouse lives
you live, if:
- you have lived there for at least 6 months immediately before filing
- and you are a national of that country.
If you are not a national, you can file only if you have lived there for at least 1 year immediately before filing.
- both you and your spouse are nationals.
- The first court where the request is filed that meets these conditions has powers to rule on your divorce.
- The court with powers to transform a legal separation into a divorce is the court in the EU country that ruled on the legal separation — as long as this is in line with that country's rules.
- The court with powers to rule on divorce may also decide on issues relating to parental responsibility if the child lives in that country.
Which laws apply to your divorce or separation?
Are two or more EU countries involved — for instance because you and your spouse have different nationalities or live in an EU country other than your own?
The law that governs your divorce is not necessarily the law of the country where you file for divorce.
17 EU countries have adopted a single set of rules to determine which law should apply to cross-border divorces. These countries are: Austria, Belgium, Bulgaria, Estonia, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, Portugal, Romania, Slovenia and Spain.
In any of these 17 countries, you can agree with your spouse to apply the divorce laws of:
- the country where you and your spouse live
- the country where you last lived together – if one of you still lives there
- the country either of you is a national or
- the country where you are filing for divorce
If you don't agree with your spouse, courts in these 17 countries will apply the laws of:
- the country where you and your spouse live
- failing that, of the country where you last lived together – provided you still lived together there 1 year before going to court
- failing that, of the country you're both nationals of
- failing that, the country where you are filing for divorce
If you are applying for divorce in another EU country, consult a specialised lawyer to see which laws will apply to your case and what the consequences would be.
Recognition of divorces and legal separations abroad
A divorce or a legal separation granted in one EU country is recognised automatically by other EU countries: there is no need to go through any additional procedure.
Exception – Denmark
EU rules on divorce and legal separation – for instance on jurisdiction and recognition – do not apply to Denmark.
Find out about divorce proceedings in the country relevant to you.
Still have questions?
An Irish-French married couple, Jack and Marie, lived together in Ireland.
Jack found an interesting and well-paid job in France and moved there. One month after starting to work in France, Jack decided to file for divorce in Ireland.
This was possible because the couple last lived together in Ireland and Marie was still resident there.
Divorce without registration and registration | Apply for divorce to the court and the registry office
Our family lawyers are often asked the following questions: How to get a divorce online? How to draw up an application for divorce without being present? How to leave without registration and registration?
On our website advokat-skriabin.com you can familiarize yourself with the topic: “Divorce without registration and registration” 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.
Registration in case of divorce through the court in Ukraine
When considering a divorce through a court, the registration of the plaintiff and the defendant is of great importance. This is due to the provisions of the Civil Procedure Code (CPC), which regulates the jurisdiction of cases, i.e. gives you an idea of which court to file your divorce papers with.
According to article 27 of the Code of Civil Procedure of Ukraine, dedicated to the jurisdiction of court cases at the location of the defendant, a statement of claim for divorce must be filed at the place of registration of the defendant or at the last known place of his residence.
Also relevant is Article 28 of the Code of Civil Procedure of Ukraine, the provisions of which allow filing a statement of claim in court at the place of residence or stay of the plaintiff, provided that:
- on its maintenance is a child who has not reached the age of majority;
- there is a valid reason why the plaintiff is unable to file an application at the place of residence of the defendant, for example, health conditions.
Registration in case of divorce through the registry office in Ukraine
In cases of divorce through the registry office, registration is also of great importance.
The procedure for divorce through the registry office is regulated by the “Rules for the registration of acts of civil status”, which states that the divorce takes place at the place of residence of one of the spouses (Chapter 3, paragraph 5). Thus, the registration determines which registry office should be applied for.
Can you file for divorce without registration in Ukraine?
The Civil Procedural Code of Ukraine and the Civil Status Registration Rules determine the body in which an application for divorce must be filed in accordance with the place of residence.
The husband’s place of residence, for example, can be confirmed by one of two types of documents:
- passport, which indicates the place of registration;
- rental agreement.
It is important to know that a rental agreement can only act as a supporting document if it is notarized. Otherwise, such a document will have no legal force.
That is, without a residence permit in the city where you live, you can file a divorce using a notarized real estate lease agreement.
Where to file for divorce without registration and registration in Ukraine?
The first thing to do is to determine the authority in which you can file a divorce. It can be a court or a registry office, depending on your specific situation.
Divorce through the registry office occurs when two conditions are met:
- an agreement has been reached between the spouses regarding a divorce (divorce by mutual consent);
- a married couple does not have common minor children (the procedure for divorce without children).
In the event that at least one of the above conditions is not met, it will be necessary to resort to the judicial procedure for divorce.
The second is to find out the exact address of the authority to which you need to submit documents.
In case of divorce, it is necessary to determine the location of the registry office at the place of residence of one of the spouses. In case of divorce through the court – the location of the court, at the place of residence of the plaintiff or the defendant, depending on your situation (for more details, see the first paragraph of the article).
How to file for divorce without registration in Ukraine?
In order to file for divorce without registration and registration, you must have a document confirming the place of residence of the husband or wife (real estate lease agreement). This agreement will be supplemented by the main list of documents that must be submitted for registration of divorce.
In case of divorce through the court, you will need:
- divorce lawsuit;
- a copy of the passport of the spouse acting as the husband’s plaintiff, for example;
- a copy of the child’s birth certificate (if any);
- the original of the marriage registration certificate.
In case of divorce through the registry office:
- joint application for divorce of a woman and her husband;
- original marriage registration certificate;
- the original of the husband’s passport;
- the original of the wife’s passport.
To apply for a divorce, it is mandatory to pay:
- court fee (in case of divorce through a court without registration and registration);
- state duty (in case of divorce through the registry office without registration and registration).
These fees are mandatory and are collected from citizens by authorized state bodies for the performance of certain functions. The receipt of payment must be attached to the divorce papers.
Divorce without registration and presence in Ukraine
Divorce without registration has a number of subtleties, not all of which are set out in the public domain. And given that practice does not always coincide with theory, one should take into account possible unforeseen situations when divorcing a husband without a residence permit, especially through a court.
Know, no matter what actions you take during the divorce process, all of them must be supported by the legislative framework. This is the only way to protect your interests. Unfortunately, for a number of reasons, you may face many difficulties when divorcing your husband through court, ranging from the return of documents to the refusal to dissolve the marriage.