FAQ Family Law

How to get divorce in Ukraine?
Ukrainian law provides for the following methods of divorce:
- joint application of the husband and wife to the registry office in case the spouses do not have children. The term for consideration of such an application is 1 month.
- application of the spouse to the registry office in case of recognition other spouse missing / incapable;
- joint application of a husband and wife who have children to court in the case of consent of both spouses to divorce. The application must be accompanied by a written agreement about child's place of residence, alimony to the child. Such an agreement must be notarized.
- filing a divorce lawsuit by one of the spouses to the court in the absence of the consent of the other spouse to divorce. The сlaim cannot be filed during the wife's pregnancy and for one year after the birth of the child, unless one of the spouses has committed unlawful conduct which contains elements of a criminal offense against the other spouse or child.

From what moment is the marriage dissolved?
In case of divorce by the body of state registration, the marriage is terminated on the day of registration of divorce.
In case of divorce by the court, the marriage is terminated on the day of entry into force the court decision on divorce.
What documents confirm the fact of divorce?
Divorce, carried out by the registry office, is certified by a certificate of divorce.
The fact of divorce in court is evidenced by a court decision on divorce, which has entered into force.
What issues can be regulated by the marriage contract?
The marriage contract regulates property relations between spouses, determines their property rights and obligations. Thus, the marriage contract may specify the property that the wife and husband transfers for use for the joint needs of the family, as well as the legal regime of property donated by the spouses in connection with the registration of marriage. The parties may agree on a possible procedure for the division of property, including in the event of divorce. In the marriage contract, the parties may provide for the use of property belonging to both of them or one of them to meet the needs of their children and others.
The marriage contract may define the property rights and obligations of the spouses as parents.
The parties may agree to provide maintenance to one of the spouses, regardless of the incapacity for work and the need for financial assistance under the conditions specified in the marriage contract.
What issues cannot be settled by a marriage contract?
The marriage contract cannot regulate the personal relationship of the spouses, as well as the personal relationship between them and the children.
The marriage contract may not reduce the scope of the rights of the child established by Family Code of Ukraine, as well as put one of the spouses in an extremely disadvantaged financial position.

What is the procedure for collecting alimony in Ukraine?
The parent or other legal representatives with whom the child lives may apply to the court for the alimony. Collection of alimony is possible by order proceeding or by claim proceeding. A person has the right to apply to the court with a request for a court order for alimony:
- in the amount of 50 percent of the subsistence level for a child of the appropriate age;
- in the amount of one child - one quarter, for two children - one third, for three or more children - half of the earnings (income) of the alimony payer, but not more than ten subsistence minimums for a child of the appropriate age for each child, if this requirement is not met related to the establishment or challenge of paternity (maternity) and the need to involve other stakeholders .
If a person wishes to collect alimony in a larger amount - a claim for alimony is filed to the court.
Is it possible to appeal a court order on alimony?
The court order for the recovery of alimony is not subject to appeal. To appeal the established amount of alimony, the debtor must file a lawsuit to change the amount of alimony (Part 7 of Article 105 of the Civil Procedure Code of Ukraine).
What is the minimum amount of alimony that can be determined by a court decision?
The minimum guaranteed amount of child support per child may not be less than 50 percent of the subsistence minimum for a child of the appropriate age.
This amount for children under 6 years is:
from January 1 - 889 UAN 50 kop.;
from July 1 - 925 UAN 50 kop.;
from December 1 - 960 UAH 50 kop.

For children from 6 to 18 years:
from January 1 - 1 109 UAN;
from July 1 - 1 159 UAN;
from December 1 - 1 197 UAN.
What circumstances are taken into account when determining the amount of alimony?
In determining the amount of alimony, the court takes into account:
- state of health and financial situation of the child;
- state of health and financial situation of the alimony payer;
- if the alimony payer has other children, disabled husband, wife, parents, daughter, son;
- right of ownership, possession and / or use of the payer of alimony property and property rights, including movable and immovable property, cash, exclusive rights to the results of intellectual activity, corporate rights;
- the expenses of the alimony payer proved by the alimony collector, including the purchase of real estate or movable property, the amount of which exceeds ten times the subsistence level for an able-bodied person, if the alimony payer has not proved the source of funds;
- other significant circumstances.
How to resolve a dispute between parents over the child's place of residence?
If the mother and father, who live separately, have not agreed on which of them the minor child will live with, the dispute between them may be resolved by a guardianship authority or a court.
When resolving a dispute over the place of residence of a minor child, the attitude of the parents to the performance of their parental duties, the child's personal attachment to each of them, the child's age, state of health and other significant circumstances are taken into account.
The guardianship authority or the court may not transfer a child to live with a parent who does not have an independent income, abuses alcohol or drugs, and can immobilize the child's development by his or her immoral behavior.
How to resolve a dispute between parents about participation in the upbringing of a child?
At the request of the mother, the child's father, the guardianship authority determines the ways of participation in the child's upbringing and communication with the parent who lives separately from her.
The decision on this is made by the guardianship authority on the basis of a study of the living conditions of the parents, their attitude to the child, and other circumstances that are significant.
If the parent with whom the child lives obstructs the parent who lives separately, in communication with the child and in his upbringing, in particular if he evades the execution of the decision of the guardianship authority, the other parent has the right to go to court with a lawsuit to remove these obstacles.
The court determines the ways of participation of one of the parents in the upbringing of the child (periodic or systematic visits, the possibility of joint recreation, visiting the child's place of residence, etc.), place and time of their communication. In resolving a dispute concerning the participation of one parent in the upbringing of a child, the attitude of the parents to the performance of their duties, the child's personal commitment to each of them, the child's age, state of health and other significant circumstances shall be taken into account. including the state of mental health of one of the parents, his abuse of alcohol or drugs.
Attorney Oksana Bobak
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