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Author: Ilona Melnychuk, attorneyKey points in brief
When both spouses have reached a joint decision to part, the law offers the simplest route: without mutual accusations and lengthy hearings. In this article we will look at where to file the application with or without children, which documents to prepare, how long it all takes and costs, and how to peacefully agree about the children and property.
This is the dissolution of a marriage when both spouses want to divorce and do not dispute the very fact of the termination of the marriage. Under Article 105 of the Family Code of Ukraine, a marriage is terminated as a result of its dissolution, and one of the grounds is the joint will of the spouses, not someone’s fault. That is precisely why this route is shorter, cheaper, and much less stressful than a claim against a partner who objects.
Mutual consent concerns only the divorce itself. It does not oblige you to simultaneously close all related matters: the division of property, the child’s place of residence, or child support can be settled separately, in parallel, or even later. At this stage the main thing is different: both confirm that further life together and the preservation of the marriage are impossible for them. This format preserves normal relations between former spouses, which is especially valuable when there are shared children.
The authority depends on one circumstance: whether you have shared minor children. If there are no shared minor children, you divorce through the state civil registration authority, that is, the registry office (DRATS), under Article 106. If there are shared minor children, then even with full agreement the divorce is formalized only by a court under Article 109.
Adult children do not affect the choice of authority: if a child is already 18 years old, for the divorce procedure the spouses are considered childless and go to the registry office. This concerns specifically shared children: children of one spouse from previous relationships whom the other did not adopt do not move the case to a court. If the wife is pregnant but there are no shared children born yet, the spouses are also considered childless, so by mutual consent they can divorce through the registry office.
A separate situation is when there is no consent: one wants to divorce, and the other is against it or has disappeared. Then a different procedure applies, a claim by one spouse with a possible period for reconciliation. In this article we do not examine it in detail, since the focus here is precisely on a peaceful divorce by mutual consent.
Spouses without shared minor children file a joint application with the registry office, and after one month the authority registers the dissolution of the marriage. This is the fastest lawful way to part. The application is filed at the registry office branch at the place of residence of one of the spouses or at the place of registration of the marriage.
For filing, you will need the passports of both, the marriage certificate, the registration numbers of the taxpayer record cards (identification codes), and a receipt for payment of the state duty. The duty for registering the dissolution of a marriage by mutual consent is 0.5 of the tax-free minimum of citizens’ incomes, that is, about UAH 8.50. This is one of the smallest official charges in family matters.
If one spouse cannot come in person, their signature on the joint application is certified by a notary, and the documents are filed by the other. The one-month period gives time for a final decision: if someone has changed their mind, the application can be withdrawn, and the divorce will not take place. For more on this route, read the article on divorce through the registry office without a court in 2026.
Spouses with shared minor children divorce by consent through a court, filing a joint application under Article 109 of the Family Code. In this case the court does not clarify the reasons for the divorce and does not try to reconcile the parties: its task is to make sure the children’s interests are protected. Therefore a written agreement of the spouses about the children is necessarily attached to the application.
The application is filed with a court of first instance at the registered place of residence of one of the spouses. The court makes a decision on the dissolution of the marriage after one month has passed from the day the application was filed, and until the end of this month the spouses have the right to withdraw the application. Such a joint application is considered in the procedure of separate proceedings, so the court fee for it is lower than for a contested claim: as a general rule it is 0.2 of the subsistence minimum for able-bodied persons, that is, in 2026 about UAH 665 (for comparison, a contested claim by one spouse costs 0.4 of the minimum, about UAH 1,331).
Although the procedure is uncomplicated, the joint application and the agreement must be legally correct, otherwise the court will leave the application without progress and time will be lost. That is why quite a few couples turn to an attorney precisely for the preparation of documents, not for representation in a dispute.
The agreement determines three key things: which of the parents the children will live with, how the parent who lives separately will take part in providing for their living needs, and how they will exercise the right to upbringing and communication. This is a direct requirement of Article 109, and without such an agreement the court will not consider the joint application. If the court sees that the terms of the agreement violate the child’s interests, it may not approve it and suggest revising it, so the clauses on support and the communication schedule should be thought out in advance.
Separately, the spouses may conclude an agreement on the amount of child support. If you agree on a specific amount or method of support, such an agreement is certified by a notary. Its advantage is that in case of non-performance, the child support is recovered on the notary’s writ of execution, without a new court process. You can agree on a monthly amount, a share of the income of the parent who lives separately, or the transfer of certain property to the child. And if there is no agreement on child support, it is established separately, and our service of recovering child support will help with this.
It is important to understand: the agreement about the children does not deprive the parent who lives separately of parental rights. It only organizes the child’s daily life after the divorce and significantly reduces the risk of future conflicts between the former spouses.
The general logic is the same: agree, prepare the documents, file the application, wait a month, and collect the result. The specific steps depend on whether there are children.
If there are no shared minor children, the route through the registry office looks like this:
If there are shared minor children, the route through a court is as follows:
At any of these stages, until the registration has taken place or until the decision has entered into force, you retain the right to withdraw the application.
As a general rule, the minimum period is one month: both the registry office and the court make a decision no earlier than a month has passed from the day the application was filed. The law sets this period deliberately, so that the spouses have time to deliberately confirm the decision or change their minds.
In practice it is worth allowing a little more. At the registry office the month is counted from the date of filing, and on the appointed day you need to appear for registration. At a court, the time for opening proceedings, scheduling a hearing, and, after the decision is made, its entry into legal force is added to the one-month period. Therefore the real period of a court divorce by consent is often about two months. To avoid dragging it out, it is best to file impeccably prepared documents right away. Under martial law, because of the workload of some courts, hearings are sometimes scheduled later, so in planning aim for a period with a small margin.
The direct costs are small: through the registry office it is a state duty of about UAH 8.50, through a court a court fee of about UAH 665 on a joint application in 2026. For filing applications electronically through the Electronic Court system, a reduced court fee rate applies, so online usually comes out even cheaper. The state duty or court fee is usually paid by one of the spouses or by both equally, as they agree between themselves.
Related expenses may be added to these amounts: notarial certification of the application or the child support agreement, an attorney’s services for preparing documents. But even with them, a divorce by consent remains the cheapest option, since you do not pay for a lengthy dispute, expert examinations, or several hearings. For exactly what needs to be prepared for each route, see the list of documents for a divorce.
Partly yes: you can submit the documents remotely, but a fully automatic one-click divorce does not exist yet. Couples with children can file a joint application with a court through the Electronic Court system, certifying it with a qualified electronic signature, and even take part in the hearing by videoconference. This is convenient when one spouse is in another city or abroad. A divorce in that case is full-fledged, and the court decision has the same force as one made at an in-person hearing.
Separately, a divorce through the Diia app is being prepared. As of mid-2026, this service has not yet started for everyone: it is at the stage of preparation and testing, and it will first be available only to couples without shared minor children and by mutual consent. Which online methods really work already now, and which are so far only announced, we examined in detail in the article on dissolving a marriage online.
The moment of termination of the marriage depends on the authority. In a divorce through the registry office, the marriage is terminated on the day of the state registration of the dissolution, and the spouses immediately receive a marriage dissolution certificate. In a court divorce, under Article 114 the marriage is terminated on the day the court decision enters into legal force, and there is no need to separately register the divorce at the registry office after the court.
At the same time, a divorce by consent terminates the marriage but does not automatically resolve the related matters. Jointly acquired property and debts are not divided by themselves: they are divided by agreement, by a contract with a notary, or in a court, and this can be done both before and after the divorce. If you need to divide an apartment, a car, or other assets, use our service of the division of property. In the same way, the matters of the surname and, if needed, the amount of child support are resolved separately.
No. With mutual consent, there is no need to explain the reason: neither the registry office nor the court clarifies why the spouses decided to part. A joint expression of will about the termination of the marriage is enough.
Yes. The application can be withdrawn at any time before the moment of registration of the dissolution at the registry office or before a decision is made by the court. If one of the spouses has changed their mind during the one-month period, the divorce will not take place.
It is desirable, but not obligatory. If one spouse cannot appear, their signature on the joint application is certified by a notary, and the other may file the documents. At a court, participation by videoconference is allowed.
Yes. The former ban on dissolving a marriage during pregnancy and for a year after the child’s birth was abolished by Law No. 4073-IX, in force since 19 December 2024. As of 2026 there are no such restrictions. We examined the details in the article on divorce during pregnancy.
By law, no, you can do everything yourself. But an attorney is useful for the correct drafting of the joint application and the agreement about the children, so that the court does not leave the documents without progress, and also when matters of child support or the division of property stand alongside. A lawyer will also advise which route is faster in your particular situation and help file the documents online.
It is still possible to divorce by consent. An application to the registry office is filed with the absent one’s signature certified by a notary or consul, and to a court through the Electronic Court with participation in a video hearing or through a representative under a power of attorney. The main thing is that the absent one’s consent is confirmed in writing, and then their physical presence is not needed.
No. The dissolution of a marriage only terminates the marriage. Joint property and debts are divided separately: by agreement, by a notary, or in a court. This can be done both before and after the divorce.
Yes. The spouse who changed their surname at the marriage has the right to return their pre-marriage one. This right does not depend on the consent of the other and does not affect the fact of the divorce itself.
Ilona MelnychukAttorney, Lexon law firmSpecializes in family, civil, and commercial cases. Over 15 years of practice: representing clients’ interests in courts and negotiations.Author: Ilona Melnychuk, attorney In Brief You can dissolve a marriage through the registry office (DRATS, the body for the state registration of civil status
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