The procedure of registration of divorce through the courts

The procedure of registration of divorce through the courts

Perhaps the most important in the dissolution of marriage through court is the decision of the disputed issues before going to court. Therefore, as the mutual/bilateral agreement of the spouses on the divorce and there are no disputes about children or property, and is certainly grounds for a quick divorce in court.

Here is an example. Quick and easy divorce through the courts with children, you need to make an agreement that will define the substance:

– with whom of the spouses will be living minor children (or each of the children) after a divorce;

– who of the spouses will assume maintenance obligations, in what amounts will be levied for child support and in some cases one of the spouses has the right to the content (e.g., the child’s mother on leave to care for a child up to 3 years);

– the order of implementation of parental rights that man will live separately from their children.

The conclusion of this agreement is not binding on the divorce court with children, but will greatly simplify and speed up the process of divorce.

Then briefly about the process. Divorce court is strictly in accordance with the procedural laws and consists of the following steps:

1) the claimant files a statement of claim;

2) the court accepts the application and assigns a hearing date;

3) Next, the court examines the case at the hearing;

4) the Court shall decide;

5) the Court decision enters into force;

6) the Parties receive a copy of the court decision;

7) the Decision shall be registered by the Ministry of justice of Ukraine to the Registrar.

Now go through each of these stages dentaline.

Prepare a statement of claim and divorce papers

There is a General concept of “file for divorce”. The latter means the preparation and filing of the judgment properly drafted statement of claim about divorce and complete the necessary documents.

In accordance with article 119 of the Civil procedural code of Ukraine the statement of claim is submitted in writing and must contain:

1) name court with which the application is submitted;

2) the name (names) of plaintiff and defendant, and the name of the representative plaintiff, if the statement of claim is filed by the representative, their place of residence (stay) or location, postcode, number of means of communication, if known;

3) the content of the claim;

4) the price of the claim relative to the claims of property character;

5) a statement of the facts which the plaintiff proves your requirements;

6) indication of evidence that confirm each circumstance, the existence of grounds for exemption of proof;

7) list of documents attached to the application.

The statement of claim signed by the claimant or his representative indicating the date of its submission to the court at the defendant’s place of residence, except in the circumstances applying at the place of residence of the plaintiff (in the presence of minors or in connection with the condition).

After the adoption of the statement of claim and documents, the court assigns a date for a preliminary meeting (in the last the court will determine the readiness of the case for consideration, and will also make attempts to reconcile the parties and to invite them to enter into the settlement agreement), and the main meeting (where we will discuss the circumstances of the case and decided). Date of the first court is appointed not earlier than one month after filing of application about which the parties are notified by a written summons (or SMS messages in case of prior submission of the application on the following message).

At the beginning of the hearing checks the presence of the parties, explaining the rights and duties are considered the parties motions.

Further, the court shall call upon the parties: listens to the plaintiff’s claims, agreement or disagreement with these claims of the defendant, consider the evidence of the parties. The last part of the hearing are debate alternate statements of the parties regarding the claims and appeal to the court about their satisfaction.

After the above and considering the case materials, the court retires to the conference room for decision-making.

The parties announced the resolution part of court decision on divorce, and a document with full text (introductory, descriptive, reasoning and operative parts) given five days after the announcement of the operative part.

When the couple did not reach agreement in matters concerning children or property, a judgment can be defined the conditions for further residence of children, maintenance obligations towards children and the obligations of the maintenance of the wife, the conditions of section of common property.

In accordance with the procedural law – a court decision comes into force 30 days after its adoption, if from parties not receiving the appeal.

But, in the case of filing by one of the parties appeals against the decision of the court, it shall enter into force after consideration of the complaint if it was not cancelled. If on appeal the court’s decision cancelled, changed or adopted a new decision, it shall enter into force immediately.

Thus, on the basis of the foregoing, termination of marriage is the date of entry into force of the relevant court decision.

Procedure, after the 30-day appeal deadline, each party is given a copy of the decision of the court with the mark of entry into force. In some cases, the court only gives an extract from the judicial decisions are only valid for submission to the authority of the REGISTRAR.

The authorities carried out delgarno registration of divorce by the court after receiving the copy of the judgment of divorce, or extract from it. As of the date of receipt of the certificate of divorce is not necessary, such a document after a divorce in court does not exist.

________________________________________________________

Some points when making a divorce through the courts.

Please note that triple failure to appear at the hearing is the basis for the proceedings in the absence of the parties (defendant) and judgment – satisfaction of the second party (plaintiff). The lack of a good reason or not informing about it will be the reason for the ban to appeal against judicial decision made in the hearing in the absence of the parties (defendant).

If the hearing was not one of the parties, the divorce case is closed.

In the case when you don’t want to be personally involved in the divorce process and attend to unpleasant trials, there are more reasonable solutions to the problem than the failure to appear. For example, You may be obliged to act on his behalf in court the representative – lawyer.

Divorce procedure usually takes from 2 to 6 months (in our experience, the average time of divorce lasts 2-3 months) and depends on factors such as mutual agreement or disagreement of the parties, presence of children, and disputes about them, existence of common property and its partition. There are other factors affecting the time of trial.

The financial side of divorce, but rather the cost of the registration fee, and additional legal and notary services, of course, important. You just need to know how much a divorce through the courts and be ready to bear certain costs.

Thus, the cost of the divorce through the courts consists of:

– the court fee for filing a statement of termination of marriage (the Law of Ukraine “On court fee”, in 2018, the fee for a divorce is 704.80 UAH.);

– the court fee for filing a claim for division of property upon dissolution of the marriage (calculated by a special formula based on the price of the claim the claim of the plaintiff, shall be recovered from the defendant, for example, the cost of share of property or alimony. Collection in 2018 is 1 percent of the amount of the claim but not less than 0.4 than the subsistence wage for one able-bodied person (704.80 UAH). and not more than 3 living wage for one able-bodied person (5286.00 UAH));

– notary services (notarization of a written agreement between the spouses (for example, on the division of property or determination of residence of children), as well as notary services for the drafting of these documents);

– legal support of divorce (filing a statement of claim in accordance with the law and the specifics of the situation, preparation of documents, filing a lawsuit in court, participation in court hearings, drafting and filing applications and petitions, appeal, etc.)

PAYMENT OF ALIMENTS TO THE CHILD

PAYMENT OF ALIMENTS TO THE CHILD

The law of Ukraine prescribes to the parent of the child (most often a father, but maybe a mother) who is not a guardian, to pay each month a certain amount for its maintenance in the amount of at least 30% of the current subsistence minimum established for the minor. It does not matter whether the parents are divorced, married, but do not live together or have previously lived in a civil marriage.

It is common knowledge that court deals with alimony issues, but this is just one of the options that everyone has on hearing. In this article we will tell you what forms of payment are paid for the child.

Paying alimony voluntarily under contract

Drawing up a contract for the voluntary payment of alimony is the most convenient way for both parties. To do this, the parents stipulate among themselves the amount of monthly payments, after which they fix the reached agreement with the help of the concluded contract. It is subject to mandatory certification by a notary.

Advantages of the voluntary agreement on maintenance:

  • You do not waste time, nerves and money on court hearings and pay for the work of a lawyer.
  • The agreement stipulates all the points for which additional funds can be requested, for example in the case of a serious illness of the child.
  • If the payer breaks the contract, it is enough to apply to the notary and he will give the decision to collect the debt to the executive service. The court in this case is not needed.

Parents of the child can themselves without outside help reach an oral agreement and comply with it. To do this, the payer applies to the accounting department at the place of work and writes a statement indicating which account they will transfer part of his salary. If desired, the money can be transferred or transferred on its own, but in the case of litigation the fact of payment will be more difficult to confirm.

Formalization of the contract is optional, but recommended by specialists in family law. If the verbal agreement is violated by one of the parties, then the proceedings take place only in court, and there is a problem with the confirmation of the existence of the agreement and its terms. This development of events is unprofitable neither to the plaintiff, nor to the defendant.

Compensation or payment of alimony for the whole term

Pay child support monthly until the child has reached 18 years of age or 23 years old, if enrolled in full-time form of study at the institute (payments are terminated if training is interrupted ahead of schedule) is optional. There is a mechanism for paying the entire amount at once or compensating them for the transfer of property rights, most often we are talking about real estate. This scheme can be applied both by mutual consent, and in special cases, for example, the payer goes abroad for permanent residence.

If you consider the option of compensation, the parent is not a guardian, passes on the rights of common property to the child and guardian an immovable property, such as an apartment or a house. The cost of the transferred object will be taken into account as alimony. In order to make such a transaction, you must obtain permission from the guardianship authorities.

In the second case, the payer simply collects and transfers to the guardian’s account at once the entire amount, for all the time of future payments of alimony. Such transactions are conducted on the basis of a court decision or by voluntary agreement, certified by a notary without fail.

If the alimony was repaid at the expense of the property or the payment of the entire amount at once, then the parent is not a guardian is not deprived of financial responsibility for his child. The law stipulates that he can request additional money if it is necessary to take expensive treatment for the child, compensate for the material damage caused to him, and other situations stipulated by law.

Receive alimony by court order

The issue of paying alimony can also be resolved in a judicial manner. Such trials can be divided into three types:

  1. Determination of the amount of alimony.
  2. Collection of funds not paid in accordance with a court decision or a voluntary agreement.
  3. Establishment of the amount of alimony and collection of money that was not paid before the filing of the claim.

When considering such cases, the priority for the court is the interests of the child, the conditions of his residence, material security, special needs (chronic illness, disability, etc.), based on the totality of these conditions, the amount of monthly payments, usually in the form of a percentage of the monthly income. If the defendant does not have a stable earnings or if it can not be confirmed, a fixed amount of alimony can be established. The date of the commencement of payments shall be deemed to be the day on which the claim was filed If the trial lasted more than a month, the defendant may be obliged to pay money for this period directly in the courtroom to the court.

You can apply for recovery of unpaid child support for up to three years from the date of registration of the claim in the court secretariat. At the same time, you must provide evidence that you have taken measures to receive cash, but the payer has shied away from fulfilling these obligations.