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.)

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