Divorce (termination of marriage) in Ukraine


Grounds for termination of marriage (divorce) in Ukraine are stipulated by the Family Code of Ukraine. Namely, clause 104 of the Family Code of Ukraine provides the following grounds for termination of a marriage (divorce) in Ukraine:

- death of one of the spouses or declaration of death of one of the spouses;

- dissolution of a marriage.

In its turn, dissolution of marriage in Ukraine, in accordance with clause 105 of the Family Code of Ukraine, can take place as the result of:

- joint application of spouses using provisions of clause 106 of the Family Code of Ukraine or single application of one of the spouses using provisions of clause 107 of the Family Code of Ukraine;

- joint application of spouses on the ground of appropriate court award using provisions of clause 109 of the Family Code of Ukraine;

- filing a claim by either of spouses to the competent Ukrainian court on the grounds of appropriate court award using provisions of clause 110 of the Family Code of Ukraine.

Subsequently, clause 106 of the Family Code of Ukraine provides that spouses having no children have the right to apply with appropriate application to the Civil Registry Office in order to dissolve their marriage. On expiry of one calendar month the Civil Registry Office issues an official decree, which is the grounds for termination of marriage (divorce). Marriage is dissolved irrespective of existence of property dispute between the spouses.

Clause 107 of the Family Code of Ukraine provides the possibility for either of spouses to dissolve the marriage at the Civil Registry Office filing appropriate application if the other spouse is:

- recognized to be missing person;

- recognized to be legally incapable;

- convicted for not less than three years of imprisonment.

Marriage is dissolved irrespective of existence of property dispute between the spouses.

Clause 109 of the Family Code of Ukraine provides that spouses, who have common under aged children, cannot use provisions of clause 106 of the Family Code of Ukraine. Instead they can do the same using the court procedure filing appropriate application to the competent court together with notarized agreement as regarding definition with which one of the spouses a child (children) will be living further, support of their children and personal rights of the spouses as regarding educating their children.

The competent court issues a decree on divorce, if it is established that the application for divorce answers the real will of a husband and a wife and that after their divorce their personal and property rights and the rights of their children are not affected.

The court issues a decree about divorce on expiry of one month from the day of applying for divorce. During this period husband and wife have the right to cancel their application for divorce. Husband has no right to file a claim for dissolution of marriage during the wife's pregnancy and within one year after birth of the child. However he has such a right, if father of the future child is another man.

And finally clause 110 of the Family Code of Ukraine provides that each one of the spouses can file a claim to the competent court with request to dissolve the marriage (however, there is a list of limitations, when one of the spouses cannot do this).

The marriage, which was dissolved at the Civil Registry Office, considered to be terminated, as it is provided in clause 114 of the Family Code of Ukraine, the day of issuing appropriate act by the Office.

The marriage, which was dissolved at the competent court, considered to be terminated, as it is provided in clause 114 of the Family Code of Ukraine, the day appropriate court decision has become valid.

The above information is provided herein in educational and informative purposes only. It is provided that you have to get appropriate legal advice as regarding the family relations of your interest in Ukraine in order to have the exact, extensive and up-to-date legal information.

Do not hesitate to contact us if you have any questions or issues of legal nature, our Law Firm is working for you and our experienced legal specialists are always ready to help providing the client with appropriate legal consultations, legal reports and summaries, reasonable legal advices and all the other requires legal support, assistance, coverage and protection.

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