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Author: Ilona Melnychuk, attorneyThe key points in brief
Until recently the law effectively prohibited dissolving a marriage while the wife was pregnant or until the child reached one year of age. From 19 December 2024 this rule ceased to apply. In this material the lawyers of the Lexon company explain what exactly has changed, how a divorce during pregnancy now takes place, how much it costs and what material support a wife can count on. The material is based on the current wording of the Family Code and will be useful both for men and for women who find themselves in this difficult situation.
Yes, this is possible, and the law no longer sets any special prohibitions. As of 2026 a wife’s pregnancy is not an obstacle to the dissolution of a marriage: both the husband and the wife have the right to file an application or a claim. Previously a restriction applied under which the husband practically could not initiate a divorce during this period, but it has been abolished. For many couples this is a fundamental change: now there is no need to wait for the birth or the child’s first year to officially end the relationship. The case is considered under the general procedure: if the spouses have no common minor children born and agree to divorce, this is done by the civil status registration authority (DRATsS); if there is a dispute or there are already children, the decision is made by the court. The general procedure means that the court considers the case on the merits, ascertains the actual relationship of the spouses and makes a decision, while the pregnancy itself gives no procedural advantages or restrictions to either party.
Law No. 4073-IX removed from Article 110 of the Family Code the provisions that restricted the right to dissolve a marriage during pregnancy and for a year after the birth of a child. The Verkhovna Rada adopted it on 20 November 2024, and it entered into force on 19 December 2024. As a result, Article 110 returned to simple and clear logic: each of the spouses has the right to dissolve the marriage, and the circumstance of pregnancy in no way narrows this right. By the same law the legislator also clarified Article 111: the court does not take measures to reconcile the spouses if one of them behaved unlawfully towards the other or towards the child. Thus the changes both simplified the procedure and additionally protected those who suffer from domestic violence. In practice this means that the court will not force the injured party to wait months for reconciliation where living together has become dangerous.
Before 19 December 2024, Article 110 contained special provisions that effectively blocked a divorce during the period of pregnancy and the child’s first year of life. A claim for the dissolution of a marriage could not be filed during the wife’s pregnancy and for one year after the birth of the child. The law made an exception only for a few situations: when the paternity of the conceived or born child was recognized by another person, when information about the husband as the father was excluded from the birth record by a court decision, and also when one of the spouses committed against the other or the child unlawful acts with signs of a criminal offense. In practice this meant that even with a mutual wish to divorce, spouses often had to wait until the child turned one year old. We describe this rule only for context: as of 2026 it is not in effect, and it cannot be cited as being in force.
The initiator of the dissolution of the marriage can be either spouse, and the consent of the other is not required for the application itself. This means that the husband has the right to file a claim even when the wife is pregnant, and the wife, in turn, can initiate a divorce at any moment of the pregnancy. The law treats the right to dissolve a marriage as personal: no one can be forced to preserve a marriage against their will. If the other spouse is against the divorce, this does not block the process but only moves it into the judicial sphere, where the court ascertains whether the further living together and preservation of the family really contradicts the interests of one of the spouses. In practice the court almost always grants the claim when it sees that the family has actually broken up. We tell more about the situation when the spouses’ opinions do not coincide in the article on dissolution of a marriage at the request of one of the spouses.
The choice of path depends on two things: whether the spouses already have common minor children born and whether both agree to the divorce. An important detail precisely for the period of pregnancy: the child has not yet been born, so legally it is not yet considered a common minor child of the spouses. Because of this, if there are no other children born and the husband and wife have come to an understanding, they can divorce through the DRATsS authority by mutual consent on the basis of Article 106. This is the fastest and simplest option: the record of the dissolution is drawn up after one month has passed from the day the application is submitted. We write about it in detail in the material on dissolution of a marriage by mutual consent. If, however, one of the spouses is against it or if the family already has other minor children, the path lies through the court: on a joint application of spouses who have children (Article 109), or through a claim by one of them (Articles 110, 111 and 112). The claim is filed with the court at the defendant’s registered place of residence, but in cases defined by law, in particular when a young child lives with the claimant or when the state of health requires it, the wife may apply to the court at her own place of residence. This can be convenient if, because of the pregnancy, it is difficult for the woman to travel to another city.
The cost depends on the chosen path, and it is low. For the registration of the dissolution of a marriage by the DRATsS authority, a state duty of about UAH 8.50 is paid, and the procedure itself takes one month. The court path is more expensive: for a claim for the dissolution of a marriage in 2026 the court fee 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 apply to the court by joint application, the fee is lower. When documents are submitted through the Electronic Court system, a reducing coefficient of 0.8 is applied as a general rule, that is, the fee turns out to be about a fifth smaller. A receipt of payment must be attached to the application, otherwise the court will leave it without motion. Certain categories of persons have exemptions from the court fee, so in some cases the costs turn out to be even smaller. In terms of time, a court hearing usually lasts from one to several months, and if the court decides to grant a period for reconciliation, it may stretch to half a year. For practical advice on preparing the documents, see the step-by-step guide on how to file a claim for the dissolution of a marriage.
Yes, under Article 84 of the Family Code a wife has the right to maintenance from her husband during pregnancy. This right arises regardless of whether she works and what her financial situation is, provided that the husband is able to provide such assistance. It is important to understand that this concerns the maintenance of the wife herself, not alimony for the child that has not yet been born: these are different payments with different grounds. The right to maintenance during pregnancy does not depend on who exactly initiated the divorce and for what reasons the marriage was dissolved. The right to maintenance is retained even after the dissolution of the marriage if it arose during the period of pregnancy. After the birth of the child, the wife with whom the baby lives can, as a general rule, continue to receive maintenance until the child turns three years old, and if the child has physical or mental development defects, then until six years. We examine these nuances in detail in a separate article on divorce with a child under one year old.
The amount of maintenance is determined by the court in a fixed sum of money or as a share of the husband’s income, taking into account his capabilities and the wife’s needs. Support can be agreed in two ways. The first way is voluntary: the spouses conclude a maintenance agreement, which it is advisable to notarize so that in the event of non-fulfillment it can be enforced without a repeat court case. The second way is judicial: the wife files a claim for the recovery of maintenance, and the court assigns a monthly sum. If the husband evades payment, the debt is recovered compulsorily through enforcement proceedings. The maintenance of the wife does not cancel or replace future alimony for the child, so after the birth these payments may exist in parallel. The amount of maintenance is not fixed: if the husband’s financial situation or the wife’s needs change, the sum can be reviewed on a new application to the court. Since the determination of the amount and the recovery of maintenance have their own specifics, in complex cases it is worth seeking professional help: read more about this in our service on recovery of alimony.
A divorce during pregnancy does not affect the rights of the child who will be born. As a general rule, a child conceived or born in a marriage, as well as born within ten months after the termination of the marriage, is considered to originate from the mother’s husband (Article 122 of the Family Code). Therefore, even if the marriage is dissolved before the birth, the former husband is, as a general rule, recorded as the father, and the child retains the right to maintenance from both parents. The question of with whom the child will live after birth and in what amount the other parent will pay alimony is decided separately, by agreement or through the court. The very fact of the divorce in no way deprives the child of its rights and does not release the father from his obligations. If after the birth a dispute arises about the child’s origin, it is resolved in a separate procedure, but this does not affect the very possibility of a divorce.
The most common mistake is the belief that during pregnancy it is impossible to divorce. Because of outdated information on the internet, people postpone the decision, although the prohibition is long gone. Here is what is worth paying attention to.
No. Each of the spouses has an independent right to dissolve the marriage, so the wife’s separate consent is not required to file a claim. If she is against it, the case will be considered by the court, but the mere fact of disagreement does not prevent the divorce.
No, this prohibition was abolished by the same Law No. 4073-IX from 19 December 2024. A divorce is possible even when the child is not yet one year old. We examine the features of such a situation in a separate material on divorce with a child under one year old.
Yes, if the spouses have no other common minor children born and both agree. An unborn child is not yet legally considered a common child, so Article 106 allows applying precisely to DRATsS. If there is a dispute, the divorce is arranged through the court.
No, the court does not refuse to dissolve a marriage merely because the wife is pregnant. The court may grant the spouses a period for reconciliation of up to six months under Article 111, but, taking the circumstances into account, this is its right, not its obligation.
For a claim for the dissolution of a marriage the court fee in 2026 is about UAH 1,331. For the registration of a divorce at DRATsS the state duty is significantly less, about UAH 8.50. Submission through the Electronic Court usually gives a discount due to the reducing coefficient.
No. The child’s right to maintenance from both parents does not depend on whether they are married. After the birth of the child, alimony can be determined by agreement or recovered through the court.
Yes. If the right to maintenance arose during pregnancy, it is retained after the dissolution of the marriage under Article 84. While the child lives with the wife, as a general rule she can receive maintenance until the child reaches three years of age.
Try to resolve issues without unnecessary conflict, prepare the documents in advance and do not make hasty decisions about property and the child. The emotional side of this period is no less important than the legal one, so our advice on how to survive a divorce will be useful.
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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