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Author: Ilona Melnychuk, attorneyThe key points in brief
A birth and a divorce in one sentence sound difficult, but life can be different: some people need to part calmly and build separate lives, while others need to protect themselves and their baby. Below we explain in plain language what the law says as of 2026, why the old prohibition no longer applies and what to pay attention to when the family has a child under one year old.
Yes, you can divorce, and the law expressly allows it. Until recently Article 110 of the Family Code prohibited the husband from filing for divorce during the wife’s pregnancy and for one year after the birth of the child, and in certain cases the restriction also applied to the wife. From 19 December 2024 these restrictions have been abolished: now each of the spouses has the right to file a claim for the dissolution of the marriage regardless of the child’s age. The presence of a baby is not in itself an obstacle to a divorce. If on the internet you come across articles claiming that a husband cannot initiate a divorce until the child is one year old, bear in mind that such information is outdated: the court protects the interests of the child not by forcing the preservation of the marriage, but through the rules on maintenance, the determination of the place of residence and the participation of both parents in upbringing. This topic is closely connected with the situation of pregnancy, and we write about it in more detail in the material on divorce during pregnancy.
Law No. 4073-IX removed from Article 110 of the Family Code the prohibition on divorce during the period of pregnancy and in the child’s first year of life. The Verkhovna Rada adopted it on 20 November 2024, and it entered into force on 19 December 2024. Previously the former parts of this article allowed a claim in such a period only as an exception: for example, when it was proved that the child’s father is another person, or when one of the spouses committed unlawful conduct with signs of a criminal offense against the other spouse or the child. In practice this created a trap: a person who suffered from domestic violence had either to prove the elements of a crime or to wait until the child turned one year old. It was precisely the protection of victims of violence and bringing the law into line with the principle of the voluntariness of marriage that became the main reasons for abolishing the prohibition. The old rule is worth knowing only for understanding the context: as a current rule it is no longer applied.
When the spouses have a common child who is not yet one year old, the divorce is arranged by the court. The DRATsS authority dissolves a marriage administratively only when the spouses have no common minor children and both agree (Article 106). Since a baby is a common minor child, such a quick path is unavailable. Article 107 provides an exception: DRATsS may grant a divorce on the application of only one of the spouses regardless of the presence of children if the other is declared missing or incapable. In the remaining situations, when there is a child under one year old, a court is required. Then two scenarios are possible. If you and your husband or wife have reached agreement, you file a joint application for the dissolution of the marriage together with a written agreement on with whom the child will live and how the other parent will take part in its maintenance and upbringing (Article 109). This is the calmest option, and we tell more about it in the material on dissolution of a marriage by mutual consent. If, however, there is no agreement or the other spouse evades it, the marriage is dissolved on a claim by one of you (Articles 110, 111 and 112); we examine the features of this path in the article on dissolution of a marriage at the request of one of the spouses.
The procedure is the same as in other family circumstances, only with particular attention to the interests of the child. Simplified, the steps are as follows: draw up a statement of claim or a joint application, attach the necessary documents (a copy of the marriage certificate, a copy of the child’s birth certificate, a receipt for payment of the court fee), and submit them to the court. As a general rule the claim is filed at the defendant’s registered place of residence, but if a young child lives with you, you may apply to the court at your own place of residence. The court opens proceedings, if necessary schedules a hearing, ascertains the positions of the parties and makes a decision. Personal presence at every hearing is not always mandatory: the court may consider the case without your participation if you have filed a corresponding application. Documents can be submitted in person, by mail or online through the Electronic Court subsystem, which is convenient when you are caring for a baby and it is difficult for you to leave; if necessary, your interests can be represented by an attorney. For a step-by-step guide to drawing up and filing a claim, see the material on how to file a claim for the dissolution of a marriage. The marriage is considered terminated from the day the court decision enters into legal force (Article 114); there is no need to register the divorce separately with DRATsS for this.
The law does not give an automatic preference to the mother or the father. The mother and father have equal rights and obligations regarding the child (Article 141), and the dissolution of the marriage does not change this. The question of with whom the child will live is decided either by agreement of the parents or by the court if they failed to agree (Article 161). The court takes into account the best interests of the child: its age, state of health, attachment to each parent, the parents’ attitude to fulfilling their obligations, and the possibility of creating conditions for development and upbringing. In practice a baby more often stays with the mother, especially when it comes to breastfeeding and daily care, but this is not an unbreakable rule but a conclusion from the specific circumstances of each family. The father likewise has the right to ask the court to determine the child’s place of residence with him, and the divorce itself does not restrict either parent in this right; at the same time, practice proceeds from the premise that a very young child is not separated from the mother without weighty grounds. While the dispute is ongoing, the court may determine with whom the child lives temporarily. It is important to understand: the parent who lives separately does not lose parental rights. He has the right to communicate with the child and take part in its upbringing, and the other cannot unjustifiably prevent him from doing so. The order of participation in upbringing can be fixed by a written agreement or established through the guardianship authority or the court.
The parent who lives separately from the child is obliged to maintain it, and the divorce does not cancel this obligation. The amount of alimony is determined either by agreement (which can be formalized by a notarized agreement) or by the court. As a general rule, for one child the court may recover a share of the payer’s income (approximately a quarter of earnings) or a fixed sum of money, while alimony for one child, as a general rule, cannot be less than half of the subsistence minimum for a child of the corresponding age. The specific amount depends on income, the state of health of the child and the parents, and other significant circumstances. The procedure for calculating and recovery of alimony we examine in detail in a separate material, so here we will only stress: alimony for a child and a divorce are different proceedings, and a claim for alimony can be filed both together with the divorce and later, and even during the marriage, before the divorce.
In addition to alimony for the child, the wife may have the right to maintenance for herself, and this is often forgotten. Under Article 84 of the Family Code a wife with whom the child lives has the right to maintenance from the husband, the child’s father, until the child reaches three years of age, and if the child has physical or mental development defects, then until six years. This right applies regardless of whether the wife works and what her financial situation is; the main condition is that the husband is able to provide material assistance. It is important that it is retained even after the dissolution of the marriage if the child remained living with the mother. The legislation observes equality: under Article 86 the same right to maintenance belongs to the husband with whom the child lives, until it reaches three years of age, if the wife is able to provide assistance. That is, maintenance is received by the parent who actually cares for the baby. These payments should not be confused with alimony for the child: this is a separate ground and a separate sum that can be claimed additionally.
It may, but not always. Article 111 of the Family Code allows the court to take measures to reconcile the spouses and to postpone the consideration of the case, granting a period for reconciliation that cannot exceed six months. Such a period is applied not automatically, but when the court sees a chance to preserve the family and there are no circumstances preventing this. At the same time, if the reason for the divorce is domestic violence, the court does not take reconciliation measures: this guarantee was added by the same Law No. 4073-IX. So a person who dissolves a marriage because of violence will not have to wait additional months and remain bound to the abuser.
The main mandatory payment is the court fee. In 2026 for a statement of claim for the dissolution of a marriage it is about UAH 1,331: this is 0.4 of the subsistence minimum for able-bodied persons, which from 1 January 2026 is UAH 3,328. If the spouses divorce by joint application and have children, the fee is lower, approximately by half. When documents are submitted in electronic form through the Electronic Court, a discount on the court fee applies. The timing depends on whether there is agreement: on a joint application the matter is decided faster, whereas with a dispute and a possible period for reconciliation of up to six months the process may stretch out. Exact amounts and timeframes are worth clarifying in advance, since they depend on the specific situation and legislative changes.
You can divorce even when the other spouse does not agree: mutual consent is not a mandatory condition. The will of one spouse is sufficient, and the court makes a decision after establishing that further living together and the preservation of the marriage contradict the interests of one of them or the interests of the children (Article 112). If the defendant evades participation or does not appear, the case may be considered in absentia. The question of the division of joint property is decided separately and is not an obstacle to the divorce itself. When the other parent lives abroad or is in places of deprivation of liberty, the procedure has its nuances, but the impossibility or unwillingness to agree does not deprive you of the right to a divorce. Finally, take care of yourself: combining care for a baby with a court process is emotionally difficult, so do not hesitate to ask for support. We have gathered practical and psychological advice in the material on how to survive a divorce.
Yes. From 19 December 2024 the restriction of Article 110 has been abolished, and either spouse has the right to file for divorce regardless of the child’s age.
Yes, it is legal. The former prohibition on the husband initiating a divorce during the wife’s pregnancy and in the child’s first year of life has no longer been in effect since 19 December 2024.
As a general rule no: the presence of a common young child means that the marriage is dissolved by the court. DRATsS grants a divorce without a court only in exceptional cases under Article 107, when the other spouse is declared missing or incapable.
This is decided by the parents by agreement or by the court in view of the best interests of the child. The mother and father have equal rights; in practice a baby more often stays with the mother, but there is no automatic rule.
Yes. Under Article 84 a wife with whom the child lives has the right to maintenance from the child’s father until it reaches three years of age, and this right is retained after the divorce. Under Article 86 the husband with whom the child lives has an analogous right.
There is no single timeframe. On a joint application of the spouses the matter is decided faster; if there is a dispute the court may grant a period for reconciliation of up to six months, and then the process takes longer.
The court fee for a claim for the dissolution of a marriage is about UAH 1,331. On a joint application of spouses who have children the amount is lower, and when filing through the Electronic Court a discount applies.
No. A divorce is possible even without the consent of the other spouse: the will of one is sufficient, and the decision is made by the court. Consent only speeds up the process.
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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