Category Divorce

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 acts, formerly RATS) under two conditions at once: the spouses have no common minor children…

Author: Ilona Melnychuk, attorney Key points in brief A fictitious divorce is an official dissolution of a marriage without a genuine intention to end the family relationship: the spouses formally divorce, but in reality continue to live as one family. The law allows such a divorce to be declared fictitious in only one case, under Article 108 of the Family Code of Ukraine, and only if the marriage was dissolved through the registry office on a joint application of spouses without children (Article 106). Court divorces are not declared fictitious: the court has already established that further life together is impossible. The main risk is that from a legal point of view you are genuinely divorced: property acquired after the divorce becomes personal, the right to inheritance at law disappears, and the former partner may freely enter a new marriage. There is no direct criminal liability for the very fact of a fictitious divorce, but if the scheme was used for unlawful payments or to evade debts, it may turn into a charge of fraud and the return of what was received. The idea of a fictitious divorce looks simple: to divorce “only on paper”, obtain some benefit, and go on living as before. In practice this is one of the riskiest family-law steps, because the law knows no “unreal” divorces: the dissolution of the marriage occurs for real, with all the consequences. Below we examine in detail what a fictitious divorce is, why people resort to it, what it threatens, and under what conditions it can be declared fictitious in court at all. What is a fictitious divorce? A fictitious divorce is a dissolution of a marriage without the intention to actually end the marital and family relationship. The spouses officially formalize the divorce, obtain the relevant documents, but […]

Author: Ilona Melnychuk, attorney Key points in brief The very fact of a conviction is no longer a separate ground to divorce through the registry office (DRATS) on the application of one spouse: this point of Article 107 of the Family Code was abolished back in 2010. If there are no shared minor children and both agree, the marriage is dissolved through the registry office, and the convicted person’s application is certified by the head of the penal institution. When one spouse is serving a sentence of imprisonment, the divorce can be formalized through a court in the procedure of separate proceedings on the application of either spouse (part 3 of Article 293 of the Civil Procedure Code). If there is a dispute about property or children, the case is considered in claim proceedings; the court fee for a claim in 2026 is about UAH 1,331. The convicted person’s consent is not obligatory: no one can be forced to remain in a marriage. They take part through a representative, videoconference, or written explanations. A situation where a husband or wife is serving a sentence frightens people with imagined difficulties, but the law gives several clear routes to divorce. The main thing is to correctly determine which of them suits you and to prepare the documents. Below we examine each option as of 2026: the conditions, where to apply, how much it costs, and how long it takes. Can you divorce a convicted person? Yes, you can divorce a convicted person, and even without their consent. Ukrainian law does not prohibit dissolving a marriage because of one spouse’s imprisonment and does not force you to wait for the end of the sentence. Depending on the circumstances, three routes are available: registration of the dissolution at the registry office by mutual consent, […]

Key points in brief You can dissolve a marriage through the registry office (DRATS, the state civil status registration authority, formerly RATSS) under two conditions at once: the spouses have no shared minor children and both agree to the divorce. The registry office registers the dissolution one month after the joint application is filed. This month gives time to weigh the decision: the application can be withdrawn, and then the marriage will remain in force. The state duty for registration is minimal, about UAH 8.50. Noticeable expenses arise only if needed: notarial certification of the application or an attorney’s support in a complex situation. If there are shared minor children or one of the spouses is against it, the marriage is dissolved only through a court. Online divorce in the Diia app in 2026 is still being prepared for launch. For now, the application is filed in person at the registry office, and court cases can be conducted through the Electronic Court. Many people think that any divorce is necessarily a court, nerves, and months of waiting. In fact, if the spouses have no shared minor children and both want to part, the marriage can be terminated quickly and without a court, through the registry office. Below we explain when this route is available, which documents are needed, how much it costs and how long it takes, and what to do if the simple procedure does not suit you. When can you dissolve a marriage through the registry office? Divorce through the registry office is possible if two conditions are met at once: the spouses have no shared minor children and both agree to dissolve the marriage. This is provided for by Article 106 of the Family Code of Ukraine. In that case the reasons for the divorce interest no […]

Author: Ilona Melnychuk, attorney Key points in brief Under Article 113 of the Family Code, the spouse who changed their surname in the marriage is free after the divorce to choose: to continue bearing the acquired surname or to restore their pre-marriage one. This is a personal right, and the consent of the former spouse is not needed. The simplest and cheapest way to resolve the surname question is right during the divorce: in the application to the registry office (DRATS) you directly state which surname you will bear after the dissolution of the marriage. If the divorce was through a court or the moment was missed, the pre-marriage surname is returned separately, through the change-of-name procedure at the registry office at the place of residence. Approximate costs in 2026: the state duty for registering the divorce is about UAH 8.50, for a separate change of name about UAH 5.10 for the first change, plus the exchange of documents (an ID card about UAH 618, a foreign passport about UAH 1,147). After a change of surname, the passport and other main documents are updated within a month. The child’s surname does not change automatically in this case. A surname after a divorce is not just a formality, but part of your identity and at the same time a quite practical question on which quite a few documents depend. Someone strives to return their pre-marriage surname as quickly as possible and symbolically close the stage they have gone through, while for someone it is more convenient to keep the surname under which they are known at work and by shared children. Let us examine what exactly the law allows, how and when to formalize your decision, and how much it will cost as of 2026. Can you keep your husband’s or […]

Author: Ilona Melnychuk, attorney Key points in brief The list of documents depends on the divorce route: through the registry office (DRATS) a dissolution without a dispute is formalized, and through a court when there are shared minor children or an objection from one spouse. For the registry office on a joint application (Article 106), passports, the marriage certificate, and a receipt for the state duty of about UAH 8.50 are enough. For a court, birth certificates of the children are additionally obligatory, and on a joint application of the spouses (Article 109) also a written agreement about the child’s place of residence. The court fee in 2026 is about UAH 1,331 for a claim and about UAH 666 for a joint application of spouses with children; when filing through the Electronic Court a reducing coefficient applies. There is no longer a ban on divorcing during the wife’s pregnancy or in the child’s first year of life: it was abolished from 19 December 2024. A correctly assembled package of documents significantly speeds up a divorce, since it is precisely because of an incomplete or outdated list that a court most often leaves the application without progress, and the registry office refuses to accept it. Below are comprehensive lists of documents for all four lawful routes of terminating a marriage as of 2026, as well as the current amounts of the state duty and the court fee. This is a practical guide for self-preparation that will help you not miss anything. What determines which documents are needed for a divorce? The list of documents is determined by two factors: the authority that dissolves the marriage and the ground for applying. The legislation of Ukraine provides for four lawful routes, and each has its own set of papers. The registry office on […]

Author: Ilona Melnychuk, attorney Key points in brief In Ukraine there are two routes to divorce: the administrative one through the registry office (DRATS) and the judicial one through a court. Which of them is yours depends on two things: the presence of shared minor children and the consent of both spouses. The registry office dissolves a marriage on a joint application of spouses without shared minor children (Article 106 of the Family Code) or on the application of one spouse if the other has been declared missing or legally incapable by a court (Article 107). The state duty is about UAH 8.50. A court dissolves a marriage when there are shared minor children or when one spouse does not consent or evades. The court fee for a claim in 2026 is about UAH 1,331, and when filing through the Electronic Court a discount applies, to about UAH 1,065. The restrictions on divorce during the wife’s pregnancy and for a year after the child’s birth were abolished by Law No. 4073-IX from 19 December 2024. As of 2026 there is no such ban. A marriage is considered terminated from the day of the state registration of the dissolution at the registry office or from the day the court decision enters into legal force (Article 114 of the Family Code). Divorce in Ukraine takes place under one of two procedures, and confusion between them costs people extra time and money every time. Below we will work through both routes step by step, name the current timeframes and amounts for 2026, and help you determine your route. If you are still at the very beginning, it is useful first to understand where to start the divorce procedure. Which methods of divorce does the law provide? The law provides exactly two methods of […]

Author: Ilona Melnychuk, attorney Key points in brief The right to divorce during martial law is not restricted: there is no need to wait for the end of the war or to obtain the consent of a serviceperson. You can divorce remotely: file a claim through the Electronic Court, take part in a hearing by videoconference, and act through an attorney under a power of attorney. Disagreement or the service of the other spouse does not block the divorce, but only affects the format and timeframes of the case’s consideration. If there are shared minor children or a dispute about property, the divorce takes place only through a court, and not through the registry office (DRATS) or Diia. Online divorce in the Diia app, as of July 2026, is still being tested: a mass launch has been announced, but the service is not available to everyone. Martial law has not abolished the right to divorce, but it has added quite a few practical questions to it: how to act when one spouse is mobilized, is at the front, is abroad, or there is no contact with them at all. Below we explain what exactly has changed in the divorce procedure during the war, which remote options are in effect as of July 2026, and what to pay attention to so as not to drag out the case. We examine the general divorce procedure in separate materials, and here we focus specifically on the wartime nuances. Can you get divorced during martial law? Yes, you can dissolve a marriage during the war, and no provision obliges you to wait for the end of martial law. The right to terminate a marriage as a result of divorce is established by Article 105 of the Family Code of Ukraine and applies regardless of […]

Author: Ilona Melnychuk, attorney Key points in brief Divorce by mutual consent is the fastest and cheapest way to end a marriage, since there is no need to prove anyone’s fault or conduct a dispute. Spouses without shared minor children divorce through the registry office (DRATS) under Article 106, while spouses with children do so through a court on a joint application under Article 109. The minimum period in both cases is one month from the day the application is filed, and until it expires the application can be withdrawn. The state duty at the registry office is about UAH 8.50; the court fee for a joint application to a court in 2026 is about UAH 665 (0.2 of the subsistence minimum), and electronic filing carries a discount. Couples with children add a written agreement: whom the children live with, how the other parent supports and raises them; an arrangement on child support is certified by a notary. 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. What is divorce by mutual consent? 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 […]

Author: Ilona Melnychuk, attorney Key points in brief An extract on the dissolution of a marriage is an official document from the State Register of Civil Status Acts (DRATS) that confirms the fact that your marriage has been terminated. A certificate is issued once on a paper form when the divorce is through the registry office, while an extract is generated from the register, so it can be ordered at any time and in the quantity needed. The administrative fee for an extract is UAH 73; for internally displaced persons and in certain territories during martial law it is issued free of charge. You can order an extract online through the Diia portal or in person at a registry office branch, an administrative services center, or a consulate, and receive the finished document within a few working days. After a divorce through a court, the main document is the court decision, so an extract from the registry office primarily concerns those who divorced specifically at the registry office. When the emotionally hardest part is already behind you, the bureaucracy remains: how to confirm your new marital status, which paper to show a bank or a notary, what to bring to the registry office before a remarriage. One of the key documents here is the extract on the dissolution of a marriage from the registry office (DRATS). In this article we explain in plain language what this document is, why it is needed, how and where to obtain it in 2026, how much it costs, and how to order an extract again. Separately, we will look at how an extract differs from a certificate and when the court decision alone is enough. What is an extract on the dissolution of a marriage? An extract on the dissolution of a marriage is […]