Unfortunately, cases related to divorce and alimony, still constitute the majority of cases. No exception and our company, which often refer our clients to help them to solve these issues. To prepare You for what You will face, we place this material.
Divorce in Rags.
Articles 105 and 106 of the IC refute the widespread belief that through the rags you can divorce only if two conditions - the lack of a pair of common children and/or dispute concerning the division of matrimonial assets. Actually the divorce bodies rags can take place, first, in the case of making General statements spouse and no children. Secondly, in the case of an application by one of the spouses and, again, the lack of children. However, divorce by unilateral statement permitted by law, provided that the other spouse is recognized as either missing or incapacitated (Art. 107 SC). And in the first and second cases, the marriage is terminated regardless of whether a property dispute between spouses (including 3 tbsp. 106, including 3 tbsp. 107). So, if a childless couple decided to end their marriage, to divorce, they can in rags, and if an amicable division of property unacceptable for them, these issues will be addressed by the court.
By the way, there are situations when the family disintegrates, and both spouses agree to divorce, but one of them cannot submit the application to the Academy, for example, because of a long business trips abroad or inpatient treatment for serious illness. Then the statement notarized or equivalent thereto, on behalf of that spouse can file the other spouse (art. 2 hours 1 tbsp. 106 SC).
Upon receipt of the application Assembly record of divorce is made on the expiry of one month from the date of application, if it has not been revoked (h. 2 article. 106 SK). In addition, in accordance with the law of Ukraine "On state registration of acts of civil status" (in red. 01.01.2011; hereinafter - the Law) and the order of the Ministry of justice of Ukraine of 24.12.2010 No. 3307/5, which approved the Rules of state registration of civil status acts in Ukraine (hereinafter - the Order), the state registration of dissolution of marriage shall take place at the residence of the family or one of the spouses. Most likely, such a rule would be useful for those couples who by the time of the divorce has already managed to pass one another and separated. It is noteworthy that the authorities rags shall not be entitled to refuse the state registration of dissolution of marriage, if one spouse has filed such a statement is not at its place of residence and by place of residence of the spouse. In this case, the last place of residence must be confirmed by his passport, a document with a mark on the accommodation or the corresponding certificate issued by the competent authorities.
Presented means that it is not necessary to divorce in the Department rags, where at one time was married. Moreover, in accordance with p. 23 sec. 3 of the Order, the Department rags, registered divorce, shall within ten days to file a notice of divorce in the rags in which the marriage was registered.
And another important question. And Law and Order provides that if one of the spouses for a valid reason may not be to register a divorce, he may at the time of submission of the application (or within one month) notify the Department of the Academy of consent for the registration of divorce in his absence. In addition, if the spouse who changed their names upon marriage, is going to ignore the divorce (of course, if there are valid reasons), in the statement, he must indicate their desire to either stay on this surname or you can return, so to speak, maiden (p. 17 section. III Order). Finally, the Department rags issues a certificate of divorce, and in passports already divorced spouses marks the mark for registration of divorce. In cases where the divorce took place in the absence of one of the spouses, such a mark is put him in the giving of the certificate of divorce the rags who registered the divorce. In addition, a spouse who changed their name after a divorce, you have to understand that with a passport in the name of the spouse he will have to leave in a month, than he, in fact, will remind stamp on the first page of the passport that he be exchanged in connection with the change of name (p. 26 section. III Order).
To provide evidence in court you will need to buy a camera that you can easily find by typing in the search engine buy the camera, or in the online store Fotos.ua.
Divorce through the courts.
But if the couple can not peacefully agree on the termination of marriage, they can dissolve only a court of law. In this case, you can immediately, in addition to statements about divorce, present and the requirement for the division of joint property of spouses, to put the point in this matter and not to return to property problems.
Despite the fact that a claim for divorce, according to Art. 110 IC, may be brought by one of the spouses, including 2 of the above article prohibits divorce during his wife's pregnancy and within one year after the birth of a child, except when one of the spouses has committed a wrongful act with a crime related to the second spouse or child.
Of course, the legislator tried to consider some of life's situations, when, for example, it is known that the father of the conceived child is a different person, namely paternity conceived child is recognized for by another person. In this case, the divorce while his wife is pregnant Pets (including 3 tbsp. 110 SC).
Undoubtedly, the "weak" side of divorce are the children. Therefore, family law couples with children, which terminates the marital relationship, there are special provisions aimed at protecting the rights and interests of the child.
Thus, according to Art. 109 SC, spouses, with children, may file with the court a statement on divorce together with a written agreement about who of them will be living children, what part in ensuring that their life takes on one of the parents who live separately, as well as about the conditions of exercising the right to rear the children.
Before making a decision about divorce, the court gives the family time "to think" is one month from the date of application, during which the spouses have the right to withdraw the application.
As you know, since last summer in Ukraine began to act the Law on state registration of acts of civil status, which is why in "postresponse" relationship had to make some adjustments. Thus, dissolution of marriage made by the court before the entry into force of this law, shall be registered in the bodies of rags, and the registration can be carried out regardless of the time elapsed after the court decision on divorce, entered into force.
This means that citizens, terminated marital relationships in court until July 27, 2010, to obtain a certificate of divorce must personally rags, providing the application for state registration of dissolution of marriage, a copy of the court decision (in force), the passport and the receipt confirming payment of state duty.
As for couples who divorced after the entry into force of this Law, they have nothing to worry about - the court's decision (in force) shall be sent by the court in the body of rags on the place of arbitration (article 15 of the Law). If for some reason (change of place of residence of the spouses, for example) Assembly record of marriage is stored in another Department Academy, the Department received the decision of the court on the day of receipt of the decision shall be forwarded in the rags in which was recorded the marriage.
Divorce with alien
In cases of termination of the domestic courts "international" marriages Department rags directs the court's decision to the competent authority of the foreign state at the location of the Assembly record of marriage if between Ukraine and the state signed an agreement on legal assistance and legal relations in civil and family matters (para. 4 p. 3 sec. III Order). Thus, difficulties such pairs can occur only when the court, which will consider the process of divorce, and "legitimation" divorce is the task of the Academy of Ukraine.
However, at the time the Plenum of the Supreme court of Ukraine noted that the claim for dissolution of marriage with a person having in Ukraine place of residence, or place of residence is unknown, may be brought at the place of location of the property of the defendant or at the last known place of residence, and in case, if the plaintiff live his juvenile or minor children, or if he is unable for valid reasons to travel to the place of residence of the defendant at the place of residence of the plaintiff.
In turn, the court stated that "in case of divorce between a Ukrainian citizen and a foreigner or a person without citizenship, one of which lives in Ukraine, questions of jurisdiction are determined by the General rules of Art. 110 GPK" (Decree of the Plenum of the Supreme court of Ukraine №11 dated 21.12.2007).
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