Administrative procedure for divorce in Ukraine
Administrative divorce means a simplified (compared to judicial) procedure for divorce in the civil registry office.
But not all married couples can divorce administratively – quickly (in just 30 days) and without legal delays. The law establishes the grounds on which an administrative procedure for divorce is possible, 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 not on circumstances, but on events.
The law establishes in which cases it is possible, bypassing the court, to resort to the administrative procedure for divorce:
- the spouses agree to end the marriage relationship;
- the spouses do not have common minor children (for divorce through the registry office, the presence of adult children or children born in other marriages is allowed). Adopted children are considered equal to their own children.
If the circumstances do not meet these conditions, for example, the spouses have minor children, or only one of them wants to dissolve the marriage, and the other does not agree, administrative dissolution of the marriage is impossible. In these cases, only judicial procedure is allowed.
It is also impossible not to mention exceptional cases when administrative divorce is possible without meeting the specified conditions. According to the Family Code of Ukraine, a unilateral appeal to the marriage registry authorities is allowed, regardless of the presence of children and/or the disagreement of the husband (or wife), if…
- The husband (or wife) has been declared legally incompetent;
- The husband (or wife) is missing or declared dead;
In such exceptional circumstances, the desire of at least one of the spouses is sufficient for an administrative divorce to occur. In these cases, it is impossible to obtain consent from the second spouse.
Application for divorce
The beginning of the procedure is an application for divorce, which the married couple submits to the registry office. The law puts forward strict requirements for this document:
- drawn up on a special form;
- contains information about the husband and wife (full name, date of birth, place of registration, nationality, desired surname) and information about the marriage (date and place of marriage);
- signed by the spouses;
- submitted to the registry office by the spouses jointly.
In exceptional cases, spouses who wish to divorce, but due to separate residence are unable to draw up and submit a joint application together, can prepare two separate applications. A person who cannot appear at the registry office must notarize the signature on the application, and then send the application by mail to the other spouse, who will then submit this application to the registry office.
In other cases, there is no need to prepare an application in advance – this can be done directly at the registry office. You can get ready-made application forms there. But it’s not at all superfluous to familiarize yourself with the form and a sample of its application in advance so that there are no difficulties when filling it out.
Documents for divorce
The application must be accompanied by a package of documents, including:
- Passports of husband and wife;
- Marriage certificate;
- Receipt (payment of state duty).
If the divorce occurs unilaterally on the grounds specified in the Family Code of Ukraine, you must additionally attach a document confirming the incapacity of the husband or wife, the recognition of the spouse as deceased. Such a document will be a court decision with the judge’s signature, seal and a mark on entry into legal force.
Expenses upon divorce
Administrative divorce is not a free procedure.
The legislation establishes the obligation of divorcing spouses to pay a state fee in the amount of:
0.5 tax-free minimum income of citizens – for divorce with the consent of a married couple who do not have common minor children;
0.03 tax-free minimum income of citizens – for unilateral divorce on the grounds provided for by the Family Code of Ukraine.
Payment details can be obtained from the registry office, or paid directly there. The receipt must be added to the application along with other documents.
Where does administrative divorce take place?
Husband and wife can contact the registry office:
- at the place of registration;
- at the place of residence of the spouse.
Administrative divorce procedure
Therefore, the procedure for a married couple will be as follows:
- preparation of documents;
- Contacting the civil registry office;
- Payment of state duty
- Submitting an application and documents;
The procedure will take place exactly 30 days after the application is accepted by the registry office – the spouses will be notified of its date, time and location. Within 30 days, spouses are given the opportunity to withdraw the submitted application.
To participate in the divorce procedure, both spouses must come. If neither the husband nor the wife (or at least one of them) comes to the registry office (for example, they change their mind about getting a divorce), the divorce will not occur. Unfortunately, spouses will also not be able to return the paid state duty. You can submit a new application at least the next day – and again wait 30 days to dissolve the marriage.
If the spouse and/or wife comes to the registry office at the appointed time, the marriage will be dissolved. The corresponding deed record of the divorce will be entered in the registration book, which will be the final stage of the divorce.
