How to dissolve a marriage in Ukraine: the Ministry of Justice explained the procedure through the DRATS and the court

In Ukraine, a marriage may be terminated as a result of its dissolution or the death of one of the spouses. At the same time, the divorce procedure depends on the circumstances: in particular, on the presence of common children and the ability of the spouses to submit a joint application.

The relevant procedure was explained by the Ministry of Justice of Ukraine.

When can you divorce through the State Civil Status Registry Office

A spouse who does not have children can divorce without going to court. To do this, the husband and wife must submit a joint application to the state civil status registration authority.

During martial law, you can apply to any department of the State Civil Status Registry Office, regardless of the place of state registration of the marriage or place of residence.

If the application has not been withdrawn, state registration of the divorce is carried out after the expiration of one month from the date of its submission.

If one of the spouses cannot submit an application in person for a good reason, such an application, notarized or equivalent, may be submitted on his behalf by the other spouse.

At the same time, the existence of a property dispute between a husband and wife does not prevent the dissolution of a marriage through the DRACS.

When the application of one of the spouses is sufficient

In some cases, the DRACS may dissolve a marriage upon the application of only the husband or wife.

This is possible if the other spouse has been declared missing or incapacitated by the court.

An individual may be declared missing if there is no information about his or her whereabouts at the place of his or her permanent residence for one year.

Divorce through the court: what you need to know

If the spouses have children, the divorce is carried out through the court.

Together with the joint application, the spouses must submit a written agreement in which they determine with whom the children will live, what participation in ensuring their living conditions will be taken by the parent who will live separately, as well as the conditions for exercising his or her right to personal upbringing of the children.

Separately, the husband and wife must agree on the amount of alimony. The relevant agreement must be notarized.

The court may issue a decision on the dissolution of marriage after the expiration of one month from the date of filing the application. Before the expiration of this period, the husband and wife have the right to withdraw the application.

At the same time, a lawsuit for the dissolution of marriage may be filed by one of the spouses. In cases provided for by law, this may also be done by the guardian of the spouse who has been recognized as incompetent.

From what moment is a marriage considered dissolved

The date of termination of marriage depends on the method of its dissolution.

If the spouses divorced through the DRACS, the marriage is terminated on the day of state registration of its dissolution.

If the decision was made by the court, the marriage is terminated on the day the relevant decision enters into legal force.

In the first case, the fact of the dissolution of marriage is confirmed by a certificate of divorce, in the second – by a court decision that has entered into legal force.

What happens if one of the spouses dies

A marriage is also terminated due to the death of one of the spouses or their declaration of death.

If one of the spouses dies before the court decision on the dissolution of marriage enters into force, the marriage is considered to have ended due to death.

If the death occurred on the day the court decision on the dissolution of marriage enters into force, the marriage is considered to have ended due to its dissolution.

What is provided for those missing due to war

Separate rules are provided for people who went missing due to hostilities or an armed conflict.

The court may declare such a person dead after two years from the date of the end of hostilities.

However, taking into account the specific circumstances of the case, the court may declare a person dead earlier, but not earlier than six months later.

If a person disappeared under circumstances that threatened his or her death or give reason to assume that he or she died from a certain accident, he or she may be declared dead after six months.

After the relevant decision enters into legal force, the court sends it to the DRACS body for state registration of death. The document confirming the termination of a marriage due to the death of one of the spouses is a death certificate.