Each year of the war, the rate of divorce in Ukraine has been steadily increasing. The reasons for divorce can vary significantly: financial strain, personal conflicts, one spouse relocating abroad, and more. The demand for remote divorces, eliminating the need to travel to Ukraine, has grown significantly. This article discusses the possible divorce options for those residing in Ukraine and for individuals abroad.
Divorce in Ukraine via the Civil Registry Office
The primary legal document regulating marriage and divorce matters is the Family Code of Ukraine. Married couples without underage children can file for divorce at the Civil Registry Office at their place of residence. During martial law in Ukraine, couples may apply to any Civil Registry Office.
Applications can be submitted in the following ways:
- Joint application: Both spouses submit the application in person.
- Notarized application: If one spouse is unable to be present, they can provide a notarized application authorizing the other spouse to submit it. In this case, the present spouse must submit both their own application and the notarized application from the absent spouse.
The divorce is registered one month after submitting the application. Both spouses must be present at the time of registration. If one cannot attend, they can provide a notarized statement granting consent for the divorce to be registered in their absence.
After a divorce is finalized through the Civil Registry Office, each spouse receives a separate divorce certificate.
If one spouse has been declared missing or legally incapacitated, the other spouse may unilaterally apply for divorce at the Civil Registry Office.
Divorce through Ukrainian Consulates
Spouses residing abroad can apply for divorce at Ukrainian consulates under the following conditions:
- Mutual consent of both spouses.
- No underage children.
- At least one spouse has permanent residence in the country of application, confirmed by a residency stamp. This stamp is issued by Ukraine’s State Migration Service or a Ukrainian consulate abroad, you can find more details here.
The marriage is dissolved one month after submitting the application.
If one spouse is missing, incapacitated, or imprisoned, the other spouse can apply unilaterally.
Marriages registered in Ukraine can also be dissolved abroad in court under the laws of the host country where the divorce is filed.
Divorce in Ukraine through Court by Joint Petition (Special Proceedings)
If a couple has underage children, divorce is only possible through court proceedings. For a couple wishing to divorce by mutual consent, the court does not investigate the reasons for the divorce or take measures to reconcile the spouses.
The couple must submit a written agreement specifying:
- Where the children will live.
- How each parent will participate in raising and supporting the children.
- The amount of child support.
A divorce in special proceedings can also be requested unilaterally if one spouse is imprisoned. The court issues a ruling one month after the application is filed. During this time, the application can be withdrawn.
Contested Divorce in Ukraine (General Proceedings)
If one spouse does not consent to the divorce, the case proceeds as a lawsuit.
As of November 2024, Ukrainian law prohibits filing for divorce during a wife’s pregnancy or within the first year after a child’s birth, except in specific circumstances:
- A criminal offense by one spouse against the other or the child.
- Acknowledgment of paternity by another person.
On November 20, 2024, the Verkhovna Rada passed a bill removing these restrictions, allowing divorce claims at any time. We will provide additional updates regarding the date when the new law comes into effect.
The court may grant a reconciliation period of up to six months. If reconciliation fails, the court reviews the case and issues a divorce ruling.
When a divorce is finalized through court, no certificate is issued. The court ruling serves as the final document proving the dissolution of the marriage. After the ruling becomes final, the court notifies the Civil Registry Office that registered the marriage for record updates.
Can Divorce Be Filed Online in Ukraine?
Unlike the online marriage registration process, Ukraine does not currently have a fully digitized divorce process. Applications can be filed online via the Electronic Court system, but hearings are conducted in person.
Conclusion
The divorce process in Ukraine can be complex, requiring careful adherence to legal procedures. Whether navigating the Civil Registry Office, courts, or dealing with international circumstances, each case has its unique challenges. To avoid mistakes and ensure an efficient process, consult Residence Law Firm. We provide expert guidance at every step of your divorce proceedings.
