During times of war and separation, not all families withstand the test: recent statistics on divorces reveal over 22,000 cases in the past year alone. In the first 11 months of 2023, the State Register of Civil Status recorded 22,080 marriage dissolution across Ukraine. The highest numbers of Ukrainian families going through divorce were in Kyiv – 3,517, Dnipropetrovsk – 2,490, Odesa – 1,661, Kharkiv – 1,591, Kyiv region – 1,540, and Vinnytsia – 1,061.
For comparison, in the same period of 2023, 170,566 marriages were registered. Among the record-holding cities were Kyiv with 19,897 marriages, Dnipropetrovsk with 17,175, and Odesa with 12,693.
Lawyer Yulia Filchakova explained the requirements for marriage dissolution, shedding light on how long the process takes and what couples need to be prepared for.
What are the key steps to initiate a divorce process in Ukraine, and what documents are required?
For those seeking a comfortable divorce experience without the hassle of court battles and adversaries, the first step is to enter into a contract with a lawyer, outlining all preferences and conditions.
To kickstart the divorce process, the essential documents include your and your spouse’s passports, tax identification code, marriage certificate, receipt for payment of court fees, and, if there are children involved, their birth certificates. This allows for filing a lawsuit to determine the child’s place of residence if the parents have not settled this matter.
Once the contract is in place, the lawyer will handle everything for you, even if you are residing abroad.
What are the key principles of property division in the context of divorce in Ukraine, and what factors are considered in determining each spouse’s share?
The main principles of property division in divorce revolve around equality, fairness, and consideration for the interests of the children. Many couples mistakenly believe that assets acquired during marriage are considered joint property. Indeed, according to the law, property acquired by a couple during marriage is considered joint property, regardless of whether one spouse did not have independent earnings for valid reasons (education, homemaking, childcare, illness, etc.).
During the court process, the court establishes the proportions of the husband and wife’s rights to the property and subsequently divides the property according to the determined shares. The court determines the size of each spouse’s share based on the legal premise that the shares of the wife and husband are equal.
However, the court has the discretion to either increase or decrease the size of the shares for various reasons. If it is established that one family member neglected the financial support of the family, concealed, destroyed, or damaged common property, spent it to the detriment of the family’s interests, lived with extramarital partners, or did not adequately provide for minor or adult incapacitated children, given that the alimony received is insufficient for their physical, spiritual development, and treatment.
Therefore, it is essential to anticipate potential complications and take into account all relevant factors during consultations to avoid adverse outcomes. Typically, the party seeking a larger share initiates the property division, attempting to claim as much as possible.
The primary subject of division often includes real estate, land plots, and vehicles purchased by the couple. Property that does not fall under joint ownership includes assets owned individually by one spouse before marriage, acquired during marriage through gift or inheritance, acquired during marriage using funds belonging to one spouse personally, and personal items, including valuables.
Personal private property of the wife and husband includes items for personal use, including valuables, even if they were purchased with joint funds. However, there have been cases where husbands sought compensation through the courts for breast implants in women, considering them joint property.
This process is time-consuming, so be prepared for a lengthy divorce process in the absence of pre-trial dispute resolution regarding property division.
Are there any specific laws or regulations pertaining to divorce that are crucial to consider during the division of marital property?
Property that does not belong to the joint ownership of either spouse, acquired by an individual before marriage, obtained during marriage through gift or inheritance, or acquired during marriage with funds belonging to one spouse personally, is not subject to division. This also includes items for personal use, including valuables.
What can be the peculiarities of the divorce process if one of the spouses is temporarily or permanently residing outside of Ukraine?
The entire divorce process can take place online with the involvement of an attorney. In this case, your first step would be to enter into a contract with a lawyer and delegate all responsibilities to them. Alternatively, if you have ample time and confidence, you can independently file a divorce lawsuit through the Electronic Court.
If both spouses are living abroad and wish to divorce without any minor children in common, they can submit a divorce application to the nearest consular office of Ukraine. A template for the application is provided at the consulate. Standard documentation, including passports, identification codes, and the original marriage certificate, should be brought along.
However, if the couple has common children or if one of the parties opposes the divorce, such disputes are resolved through legal proceedings within the territory of Ukraine. Thus, we return to the initial premise of the article.
How long can the divorce process take, especially when one of the spouses is at war? What factors may influence the duration of this process?
The court issues a decision on the dissolution of marriage after one month from the date of filing the divorce petition. Therefore, stating that this process could be prolonged would not be accurate.
The non-attendance of any party at a court hearing, provided they have been duly notified of the date, time, and location of the hearing, does not impede the substantive consideration of the case. There are scenarios where the second spouse may disagree with the plaintiff’s lawsuit, but in any case, after the reconciliation period, the court will resume proceedings and make a decision.
According to the Family Code, no one can be compelled to maintain marital relations. Under such circumstances, the divorce petition will likely be granted, as the petitioner lacks the desire to continue living as a family with the respondent, insisting on maintaining the marriage would contradict the parties’ interests, which is of significant importance.
What documents or evidence may be needed in the case of divorce when one of the spouses is serving in the military or participating in military actions?
Documents confirming military service are not required for the court process. However, it is advisable to have a copy of the military ID or a scanned copy just in case.
For Ukrainian Armed Forces service members, a statement, including one for divorce, can be certified by the current commander, which is equivalent to notarization.
Is there any additional support or protection provided by law for a military couple in the context of divorce and property division?
Military personnel in need of legal assistance in resolving issues related to service or other life situations can obtain it from the system of free legal aid. All military personnel are entitled to receive free primary legal aid, including legal information, consultations, and explanations on legal matters, assistance in drafting statements, complaints, and other legal documents.
Oral consultation can be obtained through the contact center of the free legal aid system by phone. In addition, military personnel, conscripts, and reservists called to training (or verification) and special exercises are exempted from paying court fees in cases related to the performance of military duty, as well as during the performance of official duties.
The Supreme Court, as part of the panel of judges of the Second Judicial Chamber of the Cassation Civil Court, clarified that participants in hostilities are exempt from paying court fees in cases related to the violation of their rights.
Interview conducted by Michelle Armand.
