Divorce (with children)

According to statistics, 75% of marriages in Ukraine break up in the first five years of marriage. Moreover, every second divorce occurs in the presence of children. 5-7 years of family existence are critical. It is during this period that the number of divorces increases sharply. The procedure for divorce with children is regulated by the Family Code of Ukraine dated 26.12.2002. According to the law, a couple who have joint minor children can only divorce through a court.

What do you need for a divorce if you have a child?

Расторжение брака с детьми 1
There are two options for how to dissolve a marriage with children, which depend on whether both spouses agree to divorce. If the husband and wife mutually agree to separate, then all that needs to be done is to sue:

  1. Joint declaration for divorce.
  2. A copy of civil passports.
  3. A copy of the birth certificate of the children.
  4. A copy of the marriage certificate.

In addition, according to Article 109 of the Family Code of Ukraine, the judicial institution will require from the spouses a copy of the agreement “On the upbringing and maintenance of the child after the parents divorced.” This document defines the form of responsibility of each parent about the child. Without this agreement, the court cannot divorce a couple with children. It should be noted that the contract must be certified by a notary.

If one of the spouses does not agree to a divorce, then a controversial situation arises, which is also resolved through the court. According to Art. 110 CKU, both husband and wife have the right to file an application for divorce. Therefore, the spouse who wants to dissolve the marriage submits the following documents to the judicial institution:

  1. Statement of claim.
  2. A copy of civil passports.
  3. A copy of the birth certificate of the children.
  4. A copy of the marriage certificate.

In this case, the claim indicates the place of residence or work of the second spouse.

 

Divorce procedure for spouses with children

After the submission of the package of documents, the date and time of the court session is set. A hearing cannot be scheduled earlier than one month from the date of registration of the application. This term is given to the husband and wife for reconciliation and is determined by part 4 of article 109 of the CKU. If nothing changes during this time, then on the appointed date the spouses are obliged to appear at the judicial institution.

Расторжение брака с детьми 2In case of divorce, the spouses are obliged to pay the state duty in accordance with the rates adopted by the Decree of the Cabinet of Ministers of Ukraine dated January 21, 1993 No. 7-93 “On state duty”. The amount of this fee is determined by the judicial institution.

In order for the court hearing on the divorce of spouses with children to take place, the presence of both parties is necessary. If the husband or wife fails to appear, the hearing may be postponed, but only if the absent party has provided a proper excuse. After considering the case, the judge makes a decision, which can be appealed within 10 days in the court of appeal. After this period, the document becomes legal.

After that, the spouses are considered divorced, but they still need to visit the registry office to get a stamp in the passport.

    • Statement of claim
    • 700 UAH
    • Document analysis
    • Consultation and judicial strategy
    • Drawing up a lawsuit
    • Receipt for payment of court fees
    • Divorce "Turnkey"
    • 6000 UAH
    • Visiting the court on behalf of
    • Drawing up a lawsuit
    • 1 court hearing
    • Obtaining a ready court decision
    • Premium Divorce Package
    • 12500 UAH
    • Visiting the court on behalf of
    • Drawing up a lawsuit
    • All court hearings
    • Obtaining a ready court decision