Termination of marriage in Ukraine

Termination of marriage in Ukraine

The termination of marriage in Ukraine is governed by the Family Code of Ukraine effective as of 1 January, 2004.

Either both spouses or one of the spouses have the right to apply for divorce to the civil registry office and to get divorced on the ground of the act of civil registry office. Marriage can also be dissolved as a result of divorce on the ground of court decree, if both spouses sue for it. If one of the spouses sues for divorce in court, divorce can be obtained on the ground of court decree as well.

Spouses having no children have the right to apply to the civil registry office for divorce. The civil registry office issues a decree on divorce on expiry of one month from the moment of applying. Marriage is dissolved irrespective of existence of property dispute between spouses.

One of the spouses has the right to apply for divorce to the civil registry office if the other spouse is:

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 ground of court decree the divorce record and divorce certificate are annulled by the civil registry office.

Marriage is dissolved in court, if the spouses have common under age children, or if one of the spouses does not consent to dissolution of marriage.

Spouses having children have the right to file their application for divorce to the court with an agreement in written form about the following:

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 ground of executive note of the notary.

The court issues a decree on divorce, if it is established that the application for 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 a decree about divorce on expiry of one month from the day of applying for divorce. During this period husband and wife have the right to cancel their application for divorce.Husband has no right to file a claim for dissolution of marriage during the 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 marriage dissolved at the registry office is terminated the day of issuing the act. If marriage was dissolved by court, the effective date of dissolution of marriage is the day of entry of a court decision in force.

The civil registry office issues the divorce certificate.