Divorce in Ukraine.
Comprehensive protection in separation, divorce in Ukraine.
Divorce sentence in Ukraine and registration in the country of origin.
It should be noted that in Ukraine divorce is direct and without the need for the separation phase, except in exceptional cases.
Difference between separation and divorce: what the divorce law in Ukraine says.
Separation and divorce in Ukraine, legally speaking, are different in effect and duration both in Ukraine and abroad . The separation can be evaluated as a period of reflection that leads to understanding whether the marriage in Ukraine or with Ukrainian is recoverable or not, especially for the stability of the children.
During this phase the marital obligations are not considered suspended (including fidelity). In Ukraine, even if direct divorce is possible, the period of de facto separation (before appeal to the court for divorcing in Ukraine), is strongly indicative for what are the subsequent rulings of the judge in Ukraine. In fact, with a de facto separation, if the spouses no longer live under the same roof in Ukraine or Italy (in the period preceding the application for divorce in Ukraine), for a period of time exceeding one year, this in the judgment does not allow the other spouse to oppose no veto on obtaining the dissolution of the marriage (divorce in Ukraine). Otherwise, in the case of de facto separation of less than one year, the judge, at the request of a party, in the presence of minor children, can grant a reconciliation period of up to three months. This is, however, a residual and little used hypothesis in the Ukrainian legal system in terms of divorce.
The direct divorce in Ukraine, on the other hand, consists in the definitive dissolution of the marriage and can be established by the judge in any case and even if a period of separation in Ukraine or abroad has not passed.
The substantial difference between separation and divorce in Ukraine is the following: during the separation, you continues to be married and can be reconciled at any time. Divorce, on the other hand, definitively dissolves the marriage bond.
Both in separation with a Ukrainian woman and in divorce in Ukraine, the economically most disadvantaged spouse is not entitled to receive a maintenance allowance, except in very rare cases, while the economic situation for the children must remain unchanged compared to the period in which the parents were married. In this case, the non-custodial spouse must guarantee a minimum subsistence for the offspring.
Maintenance of former Ukrainian spouse and children following divorce in Ukraine.
In Ukraine there is no maintenance allowance for the former spouse in the absence of minor children. In principle, there is the juridical assumption that you can not take advantage of marriage, but must live it as equals.
Otherwise, in the presence of minor children deriving from marriage and / or recognized in the absence of marital ties, in Ukraine there is the principle of payment of a percentage ranging between 30 and 25% of your net monthly assets applies.
Insights
Divorce Law in Ukraine;
Maintenance of former Ukrainian spouse, children and division of assets following divorce in Ukraine;
How to get divorced in Ukraine;
Audit opinion of Ukrainian divorce judgments;
International child abduction and kidnapping in Ukraine;
Ukrainian family code.
Forms of divorce in Ukraine.
How to get divorced in Ukraine.
Types of divorce in Ukraine:
1) divorce in Ukraine by consensus before a court of Ukraine,
2) judicial divorce in Ukraine always before the territorially competent court of Ukraine,
3) divorce in Ukrainian town hall ( zags in Ukraine), by agreement between the parties.
In the first two cases of ways to divorce in Ukraine, since we are talking about a formal judgment of a Ukrainian court through the divorce sentence in Ukraine, we have all the trappings of regulation (EU) no.
1215/2012. Therefore, the divorce decree in Ukraine is registered in Italy directly without exceptions and opposition by the foreign Public Administration.
With regard to the aforementioned third form of divorce in Ukraine, before the zags (civil status office of the town hall in Ukraine), the question of the validity abroad of this form of divorce in Ukraine is exposed to numerous complaints with rejections in the process of transcription and recognition.
Procedural process of divorce in Ukraine.
Divorce in Ukraine can be activated even if the separation phase has been activated or defined in the other state, for example judicial, consensual, assisted negotiation or before the registrar. In fact, it is a constant cassation that the personal separation of the spouses and the so-called divorce (in technical jargon depending on the case: dissolution or termination of the civil effects of marriage), are two different institutions of law. In fact, they regulate separate aspects of the marriage relationship, therefore they are compatible and superimposable. The first - separation - regulates the relationship in constant marriage, the
second - divorce - extinguishes it.
The divorce in Ukraine is directed and divorce decrees in Ukraine are recognized abroad as in all EU states.
Judicial path for both the consensual and judicial form of divorce in Ukraine:
1) appeal to the Ukrainian court signed by a lawyer;
2) notification to the counterparty;
3) trial before the court of Ukraine. The timing with the Ukrainian justice reform has expanded slightly,
while remaining extremely negligible.
Maintenance is not provided if the spouse is able to work. If there are children, except in special cases, the
maintenance cannot exceed 20/30% of the actual monthly working income.
Divorce Services in Ukraine:
legal assistance and representation of the parties in divorce proceedings in Ukraine, legal advice for the divorce of the client, initial information on this, regarding, in particular, all the stages and important elements that define your divorce process, in addition, we indicate the necessary acts and documents that you will have to prepare for the future process of divorce in Ukraine.
Processing of divorce action and divorce proceedings for filing it in court in Ukraine, processing of divorce application and counterclaim for divorce in Ukraine, assistance and representation in the processes of sharing common goods in Ukraine,
processing of the action of partition and advice relating to the pay-as-you-go transaction of the allocation in Ukraine, assistance in making the decision on the custody of minors in Ukraine, processing and representation of the action of custody of minors and establish the sum of the maintenance in Ukraine, elaboration and support of the action regarding the increase / reduction of the maintenance sum for minors in Ukraine, elaboration of the action concerning agreement for personal ties of parents and minors in Ukraine, actions to verify the paternity of the child born from the marriage or out of wedlock in Ukraine;
negotiations with the opposing party, stipulation a divorce agreement, partition, if this is possible in Ukraine, representation of the client before the instance during the divorce process and during the partition action in Ukraine, providing complete information to the client regarding the process steps, current status and future developments of the action in Ukraine, transcription of the divorce from Ukraine in Italy.
Legal services - Ukraine divorce services for foreign citizens in Ukraine:
we provide clients abroad with comprehensive services in the field of divorce and partition proceedings: legal advice, assistance and legal representation in Ukraine.
Legal advice for clients in Ukraine, through all modern means of communication: telephone, email or online ( WatsApp , Viber , Messenger, etc.); the variety of communication methods is used to submit to clients from abroad (Italy, all EU countries and the USA) an offer of services perfectly suited to the requests and personal needs of clients in Ukraine.
legal representation of Italian and EU citizens abroad in Ukraine, in the divorce process, before pending petitions in Ukraine without obliging them to appear personally in Ukraine;
The legal representation of Italian citizens abroad before the petitions during the divorce process will be done on the basis of a delegation in Ukraine.
Transcription of the divorce obtained in Ukraine in the home state of the assisted spouse, Full information to the client regarding the process steps in Ukraine, the current status, the developing action under development.
Legal services - recognition of divorce sentences from abroad in Ukraine and from Ukraine to abroad:
online legal advice regarding the recognition of divorce obtained abroad;
Document processing for the recognition and registration of divorce obtained in Ukraine;
obtaining documents and legal documents: divorce decree, marriage certificate, annotations, translations and notarial supervision of legal documents of marital status and judicial decisions in Ukraine, recognition in Ukraine of foreign divorce resolutions by registering the divorce with the competent Civil Status Service;
recognition in Ukraine and abroad of foreign divorce resolutions in application to the competent Court; registration in Ukraine of divorces carried out abroad,
complete customer information regarding the process steps, current status and developments of the action in Ukraine.
Documents and procedure for divorce in Ukraine.
Documents to start the procedure:
1) certified copy of marriage certificate;
2) copy of a translated passport;
3) copy of the certificate of birth and citizenship translated with footnotes;
4) in the presence of children: family status with indication of minor children;
5) in the presence of assets to be divided, lists and legal searches;
6) authenticated proxy to defend and register in Ukraine.
The presence of the party at the cause is not necessary, it is sufficient for the continuation of the trial to
have appointed a lawyer.
To summarize: the Firm has a broad knowledge of the relevant law in Ukraine and is authorized in Ukraine to exercise all the rights of the clients both in consensual and judicial form in all matters regarding the divorce with Ukrainian women before all courts and appellate courts of both states for the protection of their clients. If necessary, the Firm can present applications, appeals, produce documents and surveys, validate registers, register individuals, associations and questions. The Firm also has the right to extract, forward and request certificates and copies on the socio-economic status of any public or private entity.
The Firm has been successfully following procedures for disputed and possibly stolen children for years.
If necessary, the Firm has the possibility of assisting, supporting and defending the Client both in the field of separation, divorce and the review of both consensual and judicial sentences both in Ukraine and in the State of origin.
Email: info@legalgb.com
Reception point:
• Street Velyka Zhytomyrska - Str. 33, uff. 310, Kiev - 01601 (UA),
at the Headquarters of the National Chamber of Commerce and Industry of Ukraine;
• Street Golovka - n ° 14/11, entrance 6, off. 208, Poltava 36004 (UA)
