Administrative procedure for divorce in Ukraine
Administrative divorce means a simplified procedure for divorce in the civil registry office (compared to a court procedure). However, not all married couples can divorce administratively – quickly (in just 30 days) and without litigation. The Law establishes the grounds for administrative divorce, which are also defined by the Family Code of Ukraine and the Law of Ukraine “On State Registration of Civil Status Acts”.
Grounds for administrative divorce
Judicial or administrative procedure for divorce
The choice of divorce procedure depends on the circumstances, not the reasons.
The law stipulates in which cases it is possible to resort to an administrative divorce procedure without going to court:
– the spouses agree to terminate the marriage relationship;
– the spouses do not have minor children together (for divorce through the civil registry office, the presence of adult children or children born in other marriages is allowed). Adopted children are treated as natural children.
If the circumstances do not meet these conditions, for instance, the spouses have minor children, or only one of them wants to dissolve the marriage, and the other does not agree, it is impossible to dissolve the marriage administratively. In such cases, only judicial proceedings are allowed.
We should also mention the exceptional cases when an administrative divorce is possible even without meeting these conditions. According to the Family Code of Ukraine, a unilateral application to the Civil Registry Office is allowed, regardless of the presence of children and/or the disagreement of the spouse, if
1. The spouse is recognized as incapacitated;
2. The spouse is missing or declared dead;
In such exceptional circumstances, the desire of at least one of the spouses is sufficient for the divorce to be dissolved administratively. In these cases, it is impossible to obtain the consent of the other spouse.
Application for divorce
The procedure begins with an application for divorce, which a married couple submits to the registry office. The law imposes strict requirements on this document:
– the application is made on a special form;
– contains information about the husband and wife (full name, date of birth, place of registration, nationality, preferred surname) and information about the marriage (date and place of marriage);
– signed by the spouses;
– is submitted to the civil registry office by the spouses jointly.
In exceptional cases, spouses who wish to dissolve their marriage but, due to their separate residence, cannot draw up and submit a joint application together, may prepare two different applications. The spouse who is unable to appear at the civil registry office must notarize his or her signature on the application, and then send the application by mail to the other spouse, who will then submit the application to the civil registry office.
In other cases, there is no need to prepare an application in advance – it can be done directly at the registry office. You can also get ready-made application forms there. It is worth familiarizing yourself with the form and the sample application in advance so that you do not have any difficulties when filling it out.
Check online authenticity of Ukrainian marriage certficate.
Documents for divorce
The application must be accompanied by a package of documents, including:
1. Passports of the husband and wife;
2. Marriage certificate;
3. Receipt (payment of state duty).
If the divorce is unilateral on the grounds specified in the Family Code of Ukraine, a document confirming the incapacity of the spouse or the recognition of the spouse as deceased must be additionally attached. Such a document will be a court decision with a judge’s signature, seal and a mark of entry into force.
Costs of divorce
Administrative divorce is not a free procedure.
The legislation establishes the obligation of the divorcing spouses to pay a state fee in the amount of:
- 0.5 of the non-taxable minimum income of citizens – for divorce by agreement of a married couple who do not have minor children together
- 0.03 of the tax-free minimum income – for unilateral divorce on the grounds provided for by the Family Code of Ukraine.
Payment details can be obtained at the Civil Registry Office or paid directly there. The receipt must be attached to the application along with other documents.
Where does an administrative divorce take place?
Husband and wife can apply to the registry office:
– at the place of registration;
– at the place of residence of the spouse.
Administrative divorce procedure
So, the procedure for a married couple will be as follows:
1. Preparation of documents;
2. Appeal to the registry office;
3. Payment of the state fee
4. Submission of the application and documents;
The procedure will take place exactly 30 days after the registry office accepts the application – the spouses will be notified of its date, time and place. Within 30 days, the spouses are given the opportunity to withdraw the application.
To participate in the divorce procedure, both spouses must appear. If neither the husband nor the wife (or at least one of them) comes to the civil registry office (for example, they change their mind about divorce), the divorce will not be finalized. Unfortunately, the spouses will not be able to return the paid state fee either. You can submit a new application even the next day – and again wait 30 days to dissolve the marriage.
If the husband and / or wife come to the registry office at the appointed time, the marriage will be dissolved. A corresponding entry will be made in the registration book on the dissolution of the marriage, which will be the final stage of the dissolution of the marriage.
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