Divorce proceedings through court

The procedure for divorce through the courts. Documentary support and the nuances of judicial practice.
Family life, which seems beautiful and long at its beginning, in fact, is not always the case in practice. Often it does not pass the test of life difficulties (including domestic) and is not so long.
Then at the end of this path, the parties of life together from partners (in a sense) turn into opponents. At the same time, the parties begin to be interested in the legal aspects of the registration of a divorce, to which this article is devoted.
There are two options for ending the relationship:

  • • By consent of the parties
  • • Through the court, that is, when there is a dissenting party and there is a dispute (or in cases where the law obliges the parties to resolve this issue only in court).

By agreement of the parties
If the parties mutually agreed to terminate the relationship, they need to come to the department of civil registration (CRA or RAGS).
However, the law prohibits such a campaign, in the presence of children under the age of majority. In this case, you must go to court, regardless of the consent of the parties.
The algorithm of actions in this case is quite simple:

  • • The parties are required to jointly arrive at the RAGS.
  • • Documents must be provided: marriage certificate, passport of each party.
  • • Submit a joint application, and each party must complete the relevant part of the application, confirming the intention to end the relationship.

After submitting the application, at least a month must pass, after which the union is terminated. This is done in order to give the parties time to think about the correctness of the step taken. At any time before the expiration of this month, - statement can be withdrawn. After the date is set, the parties must appear in the RAGS for filing a divorce and obtaining the relevant certificate.

Judicial termination
As a rule, the parties follow this path in two cases:

  • • Have children (see above);
  • • One of the parties does not agree to end the relationship.

If there are children
In this case, the law requires that a general statement be drafted, signed by both parties, in which the reasons for terminating the relationship should be detailed. The following documents must be submitted to the court:

  • • Claim.
  • • A copy of the marriage certificate.
  • • A copy of the birth certificates of all the heirs.
  • • Passports on both sides.

To implement this direction, an important aspect is the conclusion by the parties, with the subsequent provision to the court, an agreement on the upbringing and provision of children, after the termination of parental relations. This contract allows for maximum detailing of the obligations of each party towards children. In particular, when entering into an agreement, the parties must agree on the following important conditions:

  • • Place of residence of children.
  • • Responsibilities of each of the parties in relation to raising children, the mode of such education and communication with each child.
  • • The level of material support for each child from each of the parties, specifying the form of incurring expenses, amounts, terms.

If one of the parties does not agree to terminate the relationship
In this case, the agreement between the parties mentioned above is not obligatory for the court.
The package of documents to the court in this case is as follows :

  • • Claim.
  • • A copy of the passport of the party who filed the termination claim.
  • • Copy of marriage certificate.
  • • Copy of birth certificates of all children.

It is important to state the place of residence and work of the second party for the application.
If you have questions about the division of property of the parties, they can be stated in the same statement of claim, or you can file a separate lawsuit.

Subtleties of termination of relations of the parties
If the decision on termination of relations by the parties has already been made and there is an impossibility of further cohabitation, an application can be made to establish a separate accommodation regime for the parties. Such a step may give some advantages to the parties:

  • • The property acquired during this period is not considered joint property and is not divided upon termination of the relationship.
  • • If an heir appears on the results of 10 months of separation, he cannot be considered the heir of a spouse.

The only thing you need to pay attention to is that separate living does not deprive the rights and duties of husband and wife, which the Family Code enshrines.
What else it is important to know to the party that initiates legal process on termination of relations:

  • • The lawsuit will not be accepted by the court during the entire term of the wife’s pregnancy and within a year after the appearance of the heir. The only exception is when a spouse has committed unlawful acts against his wife or heir.
  • • A lawsuit can be accepted by the court if the heir did not exceed the age of 1 year, provided that the other gentleman acknowledged the paternity or the court’s decision to exclude the real father from the heir’s birth certificate entered into force.
  • • After the official termination of the relationship, the spouses have the right not to change their last name or return to the previous one.
  • • A formal termination of a relationship can be considered fictitious if it is determined that the parties are actually continuing family life and have no real plans to terminate them.

How much is the termination of relations between the parties in Ukraine in the current 2019.
If the relationship is terminated out of court, the registrar will issue and issue a receipt with all the necessary details to pay for the termination procedure of the parties.
In this case, the parties will be able to save on the termination procedure. Issuance of the relevant certificate will cost according to the provisions of the law 8 hryvnia and 50 kopecks. To this truth, plus the cost of services for the preparation of a statement by the registrar inspector. In different locations of Ukraine, this cost varies.
For example, in Kiev (that is, even within the same settlement) in different departments of the registry office, the cost ranges from 22 to 24 hryvnia.
Because of this, the total cost is about 30-32 hryvnia.
In addition to these two employees, the registrar office does not have the right to require you to incur other expenses.
And if the relationship ends in court?
It will cost more, although it also consists of two items of cost:

  • • court fee (previously called the state fee), paid to ensure your right to appeal to the court, and its size is 0.4 of the subsistence minimum in 2019 (768.40 UAH.);
  • • Attorney services - in Ukraine, from December 1, 2018, ordinary and modest lawyers no longer have the right to represent the interests of the parties, and such right was granted exclusively to lawyers. Here, the cost is already negotiable and its value depends solely on the caliber of the lawyer you choose.

Do you have problems with your second half?
Are you ready to end the relationship with her, but do you have a bad idea of this procedure?
Your second half has serious objections to ending the relationship?
Scares you prospect of litigation?
Contact our law firm! We, our experts will accompany you at all stages of this procedure and achieve a positive result!

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