Category “How to file for divorce through the court in Ukraine?”

Briefly on the topic of filing for divorce in Ukraine

The article is relevant for 2021

Unfortunately, many of those who happily said the cherished “Yes” at the registry office subsequently decide to divorce. In our previous article, we told you at what age you can register a marriage in Ukraine, where to go, what documents are needed and how much it will cost.

Let's return to the topic of divorce. When making such a decision, many are guided mainly by emotions, so when it comes to the beginning of the divorce process, few know where to run and what to do. Many even still think that in any case they must go to court and are preparing for lengthy trials. If you understand that it is no longer possible to save your family, have weighed all the pros and cons and are taking this decisive step, we will tell you how divorce occurs in Ukraine, what documents you need to collect, how much it will cost, and how long it will take will be waiting in 2021.

How to get a divorce quickly

Divorce in the registry office occurs a month after filing the application, but consideration of the case in court can take more than one month, which entirely depends on the judge. Therefore, if there are no children, a faster way is to divorce through the registry office.

In order to avoid standing in line, you can file for divorce online. You can read how to do this in the article: “How to submit an application to the registry office via the Internet and how to speed up the registration.”

Provided by SendPulse

Out-of-court divorce procedure

This option can be used by married couples who do not have children and when both spouses agree to divorce. To do this, you should contact the civil registration authority (RAGS or more commonly “ZAGS”) at the place of residence of the spouses or one of them.

It is worth preparing in advance an application for divorce, signed by both spouses, to which should be attached a document certifying the registration of the marriage and a document certifying payment of the state fee. In addition, spouses must take their passports with them.

By the way, you can find the form for such an application at the link. There you can also familiarize yourself with what needs to be filled out in this application.

Please note: the law requires the spouses to be present in person when filing such an application. The exception is for valid reasons when one of the spouses cannot be present in person; in this case, the wife (husband) can submit an application, but it must be certified by a notary or in a manner equivalent to a notary.

You are given 1 month to change your mind and withdraw your application. Otherwise, after this, your marriage will be dissolved regardless of whether there is a property dispute between you.

By the way, in an out-of-court procedure, the registry office is not obliged to use measures to reconcile the parties, as the court does, and automatically dissolves the marriage after 1 month from the date of filing the application for divorce.

This is the easiest and fastest way to get a divorce, but you cannot use it if you have children. Read more about this.

- mommy!

How to get a divorce in Ukraine: the most important points you should know A wedding is always happiness, fun and tears of joy in your eyes. Divorce means extra worries, nerves and also tears, but most likely not from joy... In addition to mental storms, former spouses in Ukraine have to overcome other difficulties: prepare all the documents, run out to the offices of the relevant authorities, go through the “sort-by-salt” of your relationships with a stranger, etc. A person who is far from legal practice may get confused in this whole scheme. Therefore, we invite you to understand the unpleasant but necessary bureaucratic procedure, as they say, “from” to “to”.

ZAGS is a Soviet-Russian abbreviation for “department of civil registration”, used in the Soviet Union, and currently used in Russia and some countries of the former USSR. Very common in colloquial speech. In Ukraine, the correct abbreviation would be RAGS from “Registration of Assets of Gromadyansky Stan”; at the moment this abbreviation RAGS is no longer valid. At the moment, the bodies of the DRATS - “Organies of the State Registration of Assets of the Civil Stan” are responsible for the functions of civil registration authorities. I decided to use both abbreviations ZAGS (still popular in everyday life) and DRATSS (valid at this time) in the article, since the article has a practical purpose and should be understandable to the reader.

What are the methods of divorce in Ukraine?

There are 2 ways of divorce:

- administrative; - judicial.

The first involves divorce through the registry office. The Family Code of Ukraine (Family Code of Ukraine) lists those situations (Articles 106-107) when the issue of divorce can be resolved without litigation, that is, in the registry office (DRACS) :

1) when you do not have children together; 2) when both agree; 3) when no property dispute has arisen; 4) when only one party expresses a desire, but the second is declared missing or incompetent by the court.

Moreover, the first three points create an indivisible triad, that is, only if these three conditions coincide simultaneously, a divorce in the registry office (DRACS) is possible. If the conditions listed in the fourth paragraph occur, then divorce is possible, even if there is a property dispute.

Who will have to get a divorce in Ukraine using the second method? The Family Code of Ukraine (Family Code of Ukraine) also contains the answer to this question. Analyzing and summarizing Articles 106-110 of the Criminal Code of Ukraine, we get the following list of grounds for going to court in case of divorce:

1) the presence of children born in marriage; 2) the existence of a property dispute; 3) disagreement of one of the parties to the divorce.

This list is alternative, that is, “or” - “or”. It is enough that one of the conditions is present for your divorce case to be considered by the court. However, there are certain restrictions on the right to divorce if there are children under one year old.

We answered the question “where to file for divorce” in general terms. To be more specific, we can also add that when submitting an application to the court, you should contact the office , and not directly - the judge’s office. Although you can also simply send an application by mail , indicating the exact address of the court and preferably by registered mail. The application should be taken or sent to the court at the place of residence of one of the parties. In the registry office (DRACS) it will not be difficult to find the right office: usually only one office receives citizens with applications.

If you have a standard situation, then you will definitely find the answer for yourself here. But if you are faced with a problem that is rarely encountered in practice, look for ways to resolve it in this article “Non-standard situations and cases in divorces in Ukraine.”

What is needed for a divorce (let us specify what documents)?

If you decide not to resort to the help of a lawyer, then the difficult burden of collecting and preparing documents for divorce falls on your shoulders. In order for the statement of claim to be accepted the first time and your case to immediately move forward, you need to remember nothing from this list:

1) application in 2 copies; 2) a copy of the applicant’s passport (or both); 3) a copy of the marriage certificate; 4) a receipt confirming payment of the state duty; 5) a copy of the birth certificate; 6) an agreement between spouses on the payment of alimony, child residence, division of property, etc. (if you want the court to consider your application under an accelerated procedure), certified by a notary.

Points five and six should be taken into account by those who apply to the court . The rest are universal , that is, they must be performed in both situations.

What time limits are given in Ukraine to think about and withdraw a divorce application?

After submitting the application to the registry office, a month should pass, after which you will be issued a certificate of divorce, and you will become free, like the wind in the field. During this period (that is, 1 month from the date of filing the application), you can withdraw your application for divorce (Part 2 of Article 106 of the ICC). This can be done through the following actions: you come together again to the registry office and write a joint statement in which you express your desire not to get a divorce and indicate the reasons.

A similar period (one month) is given, so to speak, for a married couple to think about and when they get divorced through the court, but by mutual consent, that is, they have entered into the above-mentioned agreement between themselves. You can withdraw your application even on the last day of the month from the day the application was submitted, but no later!

When one of the spouses wants to save the marriage, and the other insists on its dissolution by filing a lawsuit, then the court in this case can, at its discretion, set a period for reconciliation. In Ukrainian family law there is not a single substantive or procedural norm that would contain an indication of specific terms (in practice, they are usually more than 1 month). That is, their determination is left to the discretion of the judge. It is within the period of time that the judge determines that you will be able to change your mind and file another lawsuit with a request to leave the previous one without consideration.

Can one of the spouses initiate a divorce (without the consent of the other)?

According to Art. 110 of the ICC, the right to file an application for divorce belongs to each spouse and is not limited by any additional conditions. That is, to dissolve a marriage, it is enough that at least one party has a desire to divorce (the consent of the other is not required). A categorical protest from your spouse will not become an obstacle to resolving your issue (with the exception of a divorce from a pregnant wife). The only thing is that the procedure will become a little more complicated and the waiting time will increase.

Who will the child stay with after the divorce (or how will they be separated if there are several of them)?

The most favorable solution for you is when you and your “other half” resolve this issue by signing an agreement with a notary. If it is not possible to come to a single decision that satisfies both parties, the fate of your children will be decided by a judge.

Who will the children stay with after the divorce?

There is no strict instruction in Ukrainian laws that specifically states whether children should remain with their father or mother after a divorce.

Therefore, this dilemma is resolved at the discretion of the court , of course, taking into account the interests of the child. If the child already knows how to talk, then they are sure to ask his opinion about who he would like to stay with. The participation of each party in the care and upbringing of the child, financial situation, addiction to alcohol/drugs, lifestyle, etc. are also taken into account.

The judicial practice that exists in Ukrainian courts is quite understandable: after a divorce, children remain with their mother. Rare cases when a child is left with his father are caused by the child’s mother leading an immoral lifestyle: drunkenness, drug addiction, etc.

If there are several children, then they are also left with their mother. The division “one for you, one for me” also does not happen, because children are not things, and the court tries with all its might to ensure that the feelings and legitimate interests of children do not suffer when their parents divorce.

How is property divided between spouses?

Everything is divided equally (part 1 of article 70 of the IC of Ukraine). Attention: we are talking about the common joint property of the spouses, that is, the property that was acquired from the moment of marriage , regardless of whose money it was purchased with. The only exception is property that was donated to one of the spouses or was inherited (there is a gift agreement), as well as received insurance payments, bonuses, awards.

By the way, personal items are also not divided between spouses. And these, by the way, include jewelry and decorations ! So, dear ladies, all your gifts of this kind will remain with you, which cannot be said about the donated car (if it is not formalized as a deed of gift, of course)... Never mind.

The court may deviate from the “equal shares” rule and award one of you the majority of the property . This is possible if the following significant circumstances exist: 1) one of the spouses did not care about the financial situation of the family, moreover, took measures to hide, destroy, damage common property, and used it contrary to the interests of the family; 2) when a child (children) remains with one of the spouses, if the amount of alimony is not sufficient for their normal development.

You should also know that you yourself have the right to share joint property with your husband (wife) , under conditions that will suit both of you (it does not have to be divided equally). All you need to do is draw up an agreement, have it certified by a notary, and, as an addition to the claim, file a lawsuit.

Organizational issues related to divorces in Ukraine

Many people wonder “ how to get a divorce quickly ” and want to end this unpleasant procedure as quickly as possible. There is only one way out in this situation: you need to draw up an agreement with the other party that would resolve all the issues on which disputes may arise:

- participation in raising a child; - payment of alimony; — further place of residence of the child; - division of property, etc.

The contract is certified by a notary. And then the period for consideration of your divorce case in court will be reduced from six months to 1 month (tentatively, it is impossible to accurately indicate the time period down to days, since this is decided by the judge). Divorce in the registry office (DRACS) already takes one month. The law does not provide for a procedure that could speed up this deadline.

How much does divorce cost in Ukraine?

The financial aspect is also important. You're probably wondering how much it costs to get a divorce. Since the state provides you with a service (certifies the fact of your relationship, in this case, its termination), it is logical that you will have to pay for it.

If you are getting a divorce through the registry office, you will need to pay a state fee of 8.50 UAH. They may also give you a receipt for payment for the service of filling out applications (since usually the inspector fills them out, and you only sign after the inspection). The cost of this service varies depending on the registry office - from 23 to 24 UAH.

If you file an application for divorce in court, you will have to pay a state fee in the amount of 243 UAH 60 kopecks. When the question of division of property arises, this amount can be increased up to 3,654 UAH, since the state duty is 0.1% of the claim for division of property (naturally: the more property you have, the more expensive the claim will be).

Whether you contact a lawyer or not is up to you. But practice shows that almost everyone needs his services at least at the initial stage - drawing up a claim. Further his participation in the case is not necessary. But if you do not want to appear at court hearings at all, communicate with the judge and your ex, a lawyer can represent your interests in this process. This and “before” costs on average 2,500 UAH. You just give photocopies of your documents, sign the claim, and then receive a ready-made court decision on divorce in your hands.

Divorce documents and how to restore them

Now let's figure out what documents will be issued after a divorce . The document that officially confirms your divorce at the registry office (DRACS) is a divorce certificate . It is also issued there (at the registry office (DRACS)). If you were divorced through a court, then such a document is a court decision on divorce (a certificate in this case is no longer needed). The court itself will send a copy of the decision to the registry office (DRACS) where you signed the decision so that changes can be made to the act record.

If suddenly the original document is lost, you need to contact the authority that issued it, that is:

1) if the certificate is lost - to the registry office (DRACS); 2) if the court decision is lost - to the court office.

Divorce in Ukraine via the Internet

Online divorce in Ukraine is also possible. This, of course, does not completely replace the procedure for direct divorce, but, nevertheless, it makes life easier for the spouses.

You can make an appointment online at the state civil registration departments, ask your questions online and submit an application for registration of divorce proceedings in electronic form.

All this can be done on the special web portal of the Ministry of Justice of Ukraine “Appeal in the field of state registration of acts of civil status”.

Marriage registration plan in the DPR

In the DPR, the registration procedure consists of the following stages:

1. Selecting a registry and wedding date.
2. Submitting an application and necessary documents to the State Register.

OGR is a state registration body, in other words, a civil registry department.

1. Document processing.
2. Setting the wedding day in the institution.
3. Marriage on the appointed day.

If there are no obstacles to the marriage, all stages are completed within 1-2 months.

Selecting a State Register for Registration

If a couple decides to enter into a marriage on the territory of the DPR, they submit an application to the registration authority. The future spouses choose the location of the wedding ceremony at their own discretion.

Donetsk registration departments:

• Donetsk, st. Universitetskaya, 13;

• Donetsk, st. Postysheva, 32;

• Donetsk, st. Guryevskaya, 1;

• Donetsk, blvd. Shevchenko, 52;

• Donetsk, st. Artyoma, 138;

• Donetsk, st. Karl Marx, 8;

• Donetsk, st. Ermolaya Zhukova, 56;

• Donetsk, st. Kuibysheva, 23;

• Donetsk, st. Composers, 26;

• Donetsk, st. Razdolnaya, 27b.

Make an appointment

Make an appointment at the OGR on weekdays from 9.00 to 18.00 by phone. Authorized persons set a day for the session.

Visit to the registry office and submit an application

To officially approve the relationship, the couple needs to make an appointment, come to the registry at the appointed time and submit a number of necessary papers.

List of documents:

1. Form. Issued by the OGR and filled out by both spouses.
2. Statement. Served a month or several months before the planned wedding day. In some cases, marriages are registered ahead of schedule.
3. Passport or any identification document. Needed to prove the age of majority of both parties.
4. TIN of one of the future spouses. Required to pay tax. In the DPR the duty is 170 rubles. This fee is for the certificate and registration ceremony.
5. Bank receipt confirming payment of the state duty.

To officially approve the relationship, the couple needs to collect a package of documents

This set of documents is standard and common for the DPR, Russia and Ukraine. If the future spouses are not marrying for the first time, a certified certificate of dissolution of the previous marriage is added to it.

There are 3 types of such documents:

• death certificate of the spouse (if the spouse is a widower/widow);
• a decision on the invalidity of the marriage, certified by the court;
• divorce certificate.

If there were several marriages, the spouse is required to provide the latest evidence of dissolution of the union. Submitting an application costs 170 rubles, paying tax – 140 rubles, processing documents – 100 rubles.

State duty amount

If the bride or groom cannot submit an application on their own for a number of valid reasons, a notarized application is brought by his legal representative, informed of his rights.

The couple must attend the wedding ceremony in person.

Read on our website: features of entry into the territory of the DPR.

Marriage registration

The application is considered for 1 month. The wedding day is appointed strictly after the end of the specified period or after a few months. There are exceptions for some cases.

Expedited registration is provided if:

• those getting married are on the verge of death;
• less than a year has passed since the birth of the child of this couple;
• the bride is pregnant.

Reasons for expedited registration

Under these circumstances, people write a statement and provide a document confirming the authenticity of the stated reasons. The marriage takes place on the same day or on any other convenient day.

Marriage between citizens of Russia and the DPR in 2021

To marry citizens of the DPR and Russia on the territory of the republic, you will need:

1. Confirmation of the legal presence of a foreigner in the Donetsk People's Republic.
2. The form must be filled out in the foreigner’s native language and its official translation.
3. Translated citizen's passport.

Registration of such unions is carried out in the same manner as for citizens of the DPR.

We recommend reading: Do you need a foreign passport to travel to the Lugansk and Donetsk regions?

Claim proceedings in court: what documents are needed for divorce

This path is the most common among married couples, since rarely anyone resolves issues related to divorce amicably.

So, you need to go to court for a divorce in two cases:

• if there are minor children (under 18 years old);
• if one of the spouses does not agree to divorce.

In order for the divorce process to begin, you need to prepare a statement of claim for divorce. Such a statement indicates the date when the marriage was concluded, the basis for the termination of the marriage, as well as the factors due to which it is not possible to save the marriage. It is also indicated whether there is a dispute about the residence of joint children, a property dispute and other nuances.

By the way, our article will tell you about what a “civil case” means, what are the nuances of obtaining legal services in such cases, and about the simplest and most complex civil disputes. She will also help you decide whether to conduct your business on your own or contact a lawyer.

It is important to draft a divorce petition correctly, otherwise you will simply waste your time. Most Ukrainians do not even have an idea of ​​how to file a claim in court, what to refer to in a claim, what the form of claim should be in the simplest cases, such as divorce, collection of debt on a receipt or alimony. We do not encourage you to start studying law on your own and drafting a claim yourself. However, after reading the information on how to file a procedural claim, you will be able to at least roughly understand what needs to be taken into account when preparing it, and also evaluate your capabilities in drawing it up independently.

Let's get back to filing a divorce petition. It must be accompanied by copies of accompanying documents confirming the identity of the applicant, his marriage, the presence of children, as well as the original receipt for payment of the court fee, in addition, a copy of the copies for the defendant must be submitted.

What fee to pay according to the law, what will be the court fee in Ukraine, what is the cost of a claim, how do the concepts of state duty to court and court fee differ - read this and much more in our article. It just shows the cost of the court fee for divorce, so we won’t dwell on that here.

Based on the filed application for divorce, the court opens proceedings, which may consist of several sessions depending on the complexity of the case, the discipline of the parties and other circumstances.

In some cases, if one of the parties requests it, the court may take measures to reconcile the parties and give them a reconciliation period of up to 6 months to change their minds. That is, another court hearing is scheduled. If the parties do not change their minds, the court decides on divorce. It should be noted that if only one party refuses to divorce, then this is not a reason to refuse the claim. A decision will be made on divorce, because forced marriage is prohibited in Ukraine.

Property division

This is the most difficult part of the divorce process, as often the parties cannot reach an agreement. According to current legislation, there is a concept of personal and jointly acquired property.

According to the laws of Ukraine, the division must occur proportionally on the basis of an agreement. If there are disagreements, the issue is resolved in court.

Judicial contractual procedure for divorce

It is possible to avoid a lengthy trial, but to do this, the spouses need to come to an agreement. In this case, the spouses draw up an agreement in which they indicate everything they agreed on: with whom the children will live, how the parents will provide for and raise them.

Having drawn up such an agreement, the spouses submit a joint application, which in this case will be considered by the court within the framework of separate proceedings (since there is no dispute). Attached to the application are copies of documents confirming the identity of the applicants, their marriage, the presence of children, the agreement itself, as well as documents confirming the income of the spouses.

An agreement between spouses on the amount of child support must be notarized. In case of failure to fulfill this agreement, alimony may be collected on the basis of a notary's writ of execution.

Statement of claim: rules for filing

A sample statement of claim can be found on the Internet. However, it is recommended not to write it yourself, but to contact a practicing lawyer. He will be able to competently draw up a document based on existing requirements. He will also justify the client’s position from a legal point of view and provide advice at any stage of cooperation.

The following must be included in this document:

• the name of the judicial authority to which the spouses apply;
• cost of claim;
• Full name and date of birth of the spouses;
• description of the situation;
• request to dissolve the marriage in court;
• list of documents that are presented along with the claim.

It is not necessary for spouses to file a joint claim. In practice, often one of the parties files a claim, and the other provides a counterclaim. This happens when it is not possible to agree on the division of property and children in a peaceful manner. It is necessary that such a claim additionally indicate:

• where the children will live;
• the rights of the other party to raise children;
• alimony obligations.

It is necessary to approach such a divorce process as responsibly as possible, since the presented evidence base will depend on who the children will stay with and how exactly the division of property will take place. Judicial practice often sides with the mother, but if she can be discredited, then the minors remain with the father.

Which court should I go to for divorce?

A joint application for divorce can be submitted at the place of residence of the wife or husband - by agreement of the parties, which should be indicated in the application.

With a divorce claim, things are a little different. As a general rule, all claims are filed at the place of residence (registration) of the defendant, that is, the person against whom you are filing the claim. But in divorce cases, the party filing the claim (plaintiff) has an additional choice - to file a claim at his place of residence (registration).

Do this only if:

• if young or minor children are registered with you or are in your care (and you can confirm this with some document);
• in case of health problems (also need to be confirmed by medical certificates);
• if there are other valid reasons, it is impossible to travel to the defendant’s place of residence.

In any of these cases, a document confirming this circumstance must be attached to the claim.

How to get a divorce through the registry office

Divorce through the registry office occurs when two conditions are met simultaneously:

1. the spouses have no children;
2. and both agree to divorce.

To obtain a divorce through the registry office, the husband and wife must personally appear at the registry office at the place where the marriage was registered and submit an application for divorce.

Divorce through the registry office without the presence of a spouse is possible if there is a good reason. Then you can have the signature on the application of one of the spouses certified by a notary and issue a notarized power of attorney for the second spouse, and one of the spouses can file divorce papers.

Limitation on divorce through court

But even if you choose a judicial divorce, you need to remember that this is not always possible. Thus, a claim for divorce cannot be brought during the wife’s pregnancy and within one year after the birth of the child. Exceptions are the following cases:

• when one of the spouses committed a criminal offense against a spouse or child;
• when the paternity of a conceived child is recognized by another person or, by a court decision, information about the husband as the child’s father is excluded from the child’s birth certificate.

How to get a divorce if you have children

Divorce in Ukraine in the presence of minor children occurs only by a court decision on divorce.

If there are children and both spouses agree to dissolve the marriage, divorce through the court by mutual consent occurs by filing a joint application for divorce. The application must be accompanied by a written agreement about which parent the child(ren) will live with and how the parent who will live separately will participate in ensuring their living conditions.

The contract also needs to stipulate what kind of participation the other parent will take in raising the child (how often they will see each other, for example). There are no requirements for the form of such an agreement, which means it can be concluded simply in writing. But if the agreement additionally stipulates the amount and procedure for paying alimony, then such an agreement must be drawn up by a notary.

We have covered the topic of alimony in Ukraine in detail in a series of articles on alimony: how to conclude an agreement on child support is described in the article “What are the ways to obtain alimony in Ukraine.”

How to apply for alimony through the court and about collecting alimony, read the article “What is the established amount of alimony, how to get it through the court.”

The law defines the documents required for divorce through the court. So, in case of divorce in Ukraine if there is a child, the following must be attached to the application:

1. marriage certificate;
2. child's birth certificate;
3. copies of parents' passports;
4. a receipt for payment of the court fee (how much a divorce costs will be discussed below).

Let’s summarize the topic of filing for divorce in Ukraine:

1. There are two ways to file a divorce in Ukraine: in court or out of court through the civil registry office.
2. If there is mutual consent to divorce and there are no minor children, the divorce occurs through the registry office.
3. You need to go to court for a divorce in two cases: if there are minor children (under 18 years old) and if one of the spouses does not agree to the divorce.

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Other articles in this section
• How to register the right to inheritance in Ukraine
• How to collect child support after 18 years of age if the child is studying
• What documents are needed to terminate parental rights?
• How to submit an application to the registry office via the Internet and how to speed up the registration
• What are the grounds and consequences of declaring a marriage invalid?
• How to make a power of attorney to take a child abroad

What do you need to get a divorce?

To file a divorce in court, you must competently draw up a claim and provide the required documents. Based on this, the court will dissolve the marriage.

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We receive details for paying the cost of duty online

Let us consider in detail how using the website “Judicial Power of Ukraine” you can quickly find the details and pay the fee.

1. In field "Shvidkiy poshuk court» enter the name of the territorial court of general jurisdiction. Or in the field "Mistsevyi zagaleni judges" select the desired region, district, city.
   For example, we are looking for the Desnyansky District Court in Chernigov.

   In the first case, we write the name.

   In the second: in the “Districts near the city” field (located below on the page), select the Chernihiv region, the city of Chernihiv, and then the Desnyansky district.

2. Afterwards, payment details for payment of the fee are opened.

3. Next, scroll down this page. And in the table "Ship dues rates" select the actions for which you need to pay: “About the dissolution of the whore”.

4. A receipt opens with the option to print for payment at the bank or online payment with a payment card.
   Fill in the empty fields: full name, address, identification code, payment date. Click “Form a receipt”, if you want to download and print a form for payment at the bank or "Pay online" if you want to pay immediately online.

If the claim is satisfied, the amount of the court fee is returned to the plaintiff at the expense of the defendant.

How to avoid problems during divorce proceedings?

In practice, a divorce can go smoothly and calmly only for spouses who have nothing to share and do not have minor children together. It usually turns out differently, for example, when dividing an apartment, difficulties may arise; the judge makes a decision on dividing the housing in one of the following ways:

Dividing an apartment in half: is one of the most difficult options for spouses, since the procedure for using the apartment after a divorce is unknown, which will force the spouses to go to court again to determine such an order.

The most common option is when the housing remains the property of one of the spouses and he is obliged to compensate the other party for half the cost. It is very important here that the cost of the apartment is correctly assessed and that the rights of neither spouse are violated.

The judge leaves ownership of the apartment to one of the parties, while at the same time the second party receives other property equal in value to 1/2 of the apartment.

Considering that the divorce process in Ukraine is a rather complex procedure, most likely, each of the spouses will need the help of a lawyer during its implementation.

Although the services of a professional are not cheap, hiring a specialist will help you avoid difficulties and protect your property interests. If there are disagreements, the divorce process can be very drawn out, so it is in the interests of both spouses to agree before the trial on a fair division of property and joint participation in the lives of the children.

Divorce from a citizen of another country

When divorcing a foreigner in Ukraine, many additional aspects arise

The main problem is often that the foreigner is located in the territory of another state and, therefore, cannot personally submit an application, as required by the Family Code.

In this case, if divorce is desirable for both, the second spouse can exercise his right and file an application in place of the absent one. The application must be previously certified by a notary. An even more difficult problem is the situation when it is necessary to dissolve a marriage entered into in this country, but both spouses live abroad.

By law, divorce proceedings are carried out in the country in which the union was concluded. Therefore, the law of Ukraine requires the presence of both spouses during divorce proceedings.

To avoid such problems during a divorce, lawyers advise initially getting married in the country in which the married couple intends to remain for permanent residence. If, during a divorce from a foreigner, the need arises to divide property, then you cannot do without the help of an experienced lawyer.

Cost of divorce proceedings

An equally important aspect is how much a divorce costs. The amount that spouses will have to spend on this procedure can vary greatly depending on objective reasons. The cost of divorce in Ukraine ranges from several tens to several thousand hryvnia. Sometimes, if the division of property during a divorce is the subject of a dispute and a large fortune is involved, the amount spent on dissolution of the marriage will increase several times. How much you have to pay in the end depends on the amount of the lawyer's fee.

During the divorce procedure, a state fee is paid through the registry office, or, as it is often called in everyday life, a fine for divorce. According to the Decree of the Cabinet of Ministers of Ukraine, its size corresponds to 1/2 of the non-taxable minimum income, which for 2015 is 8.50 UAH. A receipt for payment can be obtained from the Civil Registry Office employees and paid through a banking institution.

In addition, if you do not know how to apply and how to fill out the application form correctly, you will need to use the services of a lawyer. For example, in Kyiv, drawing up a sample application for divorce will cost about 30 UAH.

How to file a divorce through the court and how much will the state fee be? Upon divorce in this case, a state duty is paid in the amount of 0.2% of the minimum wage, which is 243.60 UAH in 2015. The amount of the fee is determined by the Law of Ukraine “On Judicial Fees”.

When filing a claim, the state duty is 0.1% of the claim price, but at the same time, the total duty cannot be less than 0.2% of the minimum wage and exceed it by more than 3 times. That is, the amount of the duty can vary from 243.60 UAH to 3654.00 UAH. In some cases, the state duty is not charged, for example, when a claim for alimony is filed.

How is the apartment divided?

The division of an apartment after a divorce in Ukraine is assumed when the housing was purchased during marriage with common money earned by the spouses during this period. If one of the spouses claims and has evidence that, for example, 2/3 of the cost of housing was paid from common funds, and 1/3 from his personal funds, then he will be able to claim 2/3 of the apartment.

Part of the housing purchased with personal money is not divided, even if it was purchased during the period when the spouses were married. Another common question is whether the deed of gift for an apartment is divided if the housing was gifted to one of the spouses.

The answer is clear: the property, including the apartment, which was donated, is not divided, since it is personal property. When dividing a privatized apartment, many nuances arise, so in this situation it is better to take legal advice.