How Ukrainians Can Divorce During Wartime
Divorce Without Personal Presence - from 5000 UAH
If one (or both) of the spouses cannot come to Ukraine or are unable to divorce in the simplest way - Divorce through the Civil Registration Office Details here >>>>>, there are several legal ways to end your marriage.
1. Divorce through the Civil Registration Office when one of the spouses cannot appear in person.
Procedure in this case:
• The spouse who cannot appear must provide a notarized statement. That is, they go to a notary who certifies their signature on the divorce application.
• If the spouses are abroad, the statement can also be certified at a Ukrainian embassy or consulate. A foreign notary can also certify the statement, but then the document must be legalized (Details here>>>>) and translated into Ukrainian with a notarized translation.
• This statement, along with the documents, is brought to the Civil Registration Office (ZAGS) by the spouse who remains in Ukraine and submitted on behalf of both parties.
2. Divorce through the court (in case of minor children).
If the spouses have common minor children, divorce is only possible through the court, even if both agree to divorce.
Procedure:
• The spouses file a joint divorce petition with the court, along with a notarized agreement regarding the children (who they will live with, what support each parent will provide, how the other parent will see the children).
• The court reviews the case and checks whether the children's rights are not being violated.
• If the court finds the agreement satisfactory and the spouses indeed intend to divorce, it issues a divorce decree.
• After the decree is issued, there is a 30-day period during which the parties can file an appeal. If there is no appeal, the marriage is officially considered dissolved.
3. Divorce with a representative (lawyer).
In complex situations or for convenience, spouses may authorize a lawyer to represent them in the divorce process.
Procedure:
• The spouses sign a power of attorney or an agreement for legal services with the lawyer, after which the lawyer submits all necessary documents to the court or Civil Registration Office.
• The lawyer participates in all procedures on behalf of the client, so the spouses do not need to appear at hearings in person.
• If there is no conflict of interest, one lawyer can represent both parties (this is most often the case in court when there is no dispute).
4. Divorce if the spouses are abroad through diplomatic institutions.
Ukrainian law provides procedures for divorce if both or one of the spouses permanently resides abroad.
Procedure:
• The spouses can apply to a Ukrainian diplomatic institution abroad (embassy or consulate) and submit a divorce application.
• The consul registers the divorce and issues a certificate one month after the application is submitted, provided it has not been withdrawn.
• Additionally, during martial law, the powers of Ukrainian consulates have been expanded: in some countries, they now have access to the Ukrainian civil status register, allowing for quick divorce processing. Currently, embassies in Georgia, Kazakhstan, Poland, Turkey, and Germany have access to the register.
This option significantly simplifies life for Ukrainians who are forced to remain abroad due to the war, as the consulate can process the divorce directly.
5. Divorce through Civil Registration Offices.
If the spouses decide to divorce, this can be done through the Civil Registration Office (State Registration of Civil Status Acts). However, there are certain conditions:
• Both spouses must agree to the divorce.
• The spouses have no common minor children (under 18).
Procedure:
• The spouses must come together to any Civil Registration Office (during wartime, it is not necessary to go to the place of registration; a convenient office can be chosen).
• They need to bring their passports, tax numbers, and marriage certificate.
• In the presence of a Civil Registration Office employee, the spouses fill out a divorce application.
• A state fee is paid (approximately 420 UAH).
• After the application is submitted, there is a one-month reflection period. If the spouses do not withdraw the application during this time, both return on the appointed day to receive the divorce certificates. The marriage is then considered officially dissolved.
6: Disputed Issues That May Arise During Divorce
During the divorce process, disputed issues may arise, especially regarding children's rights, financial obligations, or property interests. In such cases, the court, in addition to dissolving the marriage, may also consider related disputes if they are included in the claim.
a) Alimony and property disputes:
- The court may simultaneously consider the divorce case and claims for child support or support for one of the spouses. It is important for the plaintiff to provide evidence of their financial situation and expenses related to raising the children, as well as to document the other party's share in joint property.
- In case of property disputes, such as the division of housing or other assets, the court applies the provisions of the Family and Civil Codes, where the norms for dividing joint property of spouses are defined.
b) Determination of children's residence and communication order:
- If the parties have not agreed on the children's residence, the court considers the best interests of the child. The participation of guardianship authorities is mandatory, providing recommendations regarding the suitability of the child's residence with one parent or the other.
- The order of communication with the other parent is determined in a court decision or a separate notarial agreement. If one parent violates the communication terms, the other party has the right to appeal to the court to resolve the issue.
Conclusions and Recommendations
Divorce with the involvement of a lawyer in Ukraine is a process regulated by both the Family Code and specific regulations that protect the rights of the parties and their children. Proper document processing, lawyer involvement, and adherence to all legal procedures will help avoid delays in the process and ensure the legal interests of each party are protected.
Recommendations for spouses planning a divorce:
- Consult a lawyer in advance, especially if there are questions about property division or child support arrangements.
- If one spouse resides abroad, prepare all necessary statements for notarization and, if required, apostille in advance.
- Using the services of one lawyer in case of mutual consent and absence of conflict can simplify the process and reduce financial costs.