Despite the war that Russia started, Ukrainians continue to live, have children, marry and get divorced.. The experts of the “Legal Adviser for IDPs” reviewed seven popular theses about divorce and explained whether they are true.

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Myth #1 \!

This myth " According to Art.. 24 of the Family Code, marriage is based on the free consent of a woman and a man. Forcing a woman and a man to marry is not allowed. Article 56 of the Family Code regulates the right of each spouse to terminate marital relations.

So, the basis for the termination of a marriage is, among other things, its dissolution on the basis of a court decision on the claim of one of the spouses.

Myth #2. You can not get a divorce during pregnancy and up to a year of the child.

partly true. An action for the dissolution of a marriage cannot be brought during the wife's pregnancy and within a year after the birth of the child, with the exception of:.

when one of the spouses committed unlawful behavior containing signs of a criminal offense in relation to the second spouse or child;

if paternity of the conceived/born child is recognized by another person;

if, by a court decision, information about the husband as the father of the child is excluded from the birth record of the child.

Myth #3 A divorce petition cannot be filed by a lawyer.

Myth. The Supreme Court in its legal position, set out in the judgment of 19. 10. 2022. in case No. 526/442/22, indicated that a lawyer could file claims in this category of cases.

Myth #4 When filing a claim, you only need to add the original marriage certificate.

It is a myth. In accordance with the legal position of the Supreme Court, set out in the above decision, leaving the statement of claim without movement on the grounds of failure to provide the original marriage certificate is a violation of the rule of law, the right to a fair trial, and is contrary to the objectives of civil proceedings.

Myth No. 5 In a statement of claim for divorce, it is immediately necessary to resolve the issue of determining the place of residence of children and the division of property of the spouses.

Myth. The law does not provide for such a requirement.. Of course, there is no prohibition to consider all issues within the framework of one proceeding.. However, in practice, it is still recommended to separate the requirements so as not to delay the dissolution of the marriage, because, for example, a property dispute between spouses can last for years.

Myth #6 The court sets a deadline for reconciliation and this can prevent a divorce.

Myth. The Family Code contains a provision that says that the court takes measures to reconcile spouses, if this does not contradict the moral principles of society. In turn, the reconciliation of spouses is carried out by the court only on condition that this does not contradict the moral principles of society.. The court cannot force the spouse and husband to live together, take an interest in the circumstances of their private life, require the provision of evidence of a violation of family obligations of a personal nature.. The law does not determine what measures can be taken by the court to reconcile spouses. Granting an additional period for reconciliation is exclusively the right of the court, and not its duty..

Myth No. 7 The fact of divorce is confirmed by a court decision.

It's right. The Family Code establishes that the document certifying the fact of dissolution of marriage by the court is a court decision on the dissolution of marriage, which has entered into legal force..

According to Art.. 15 of the Law of Ukraine "

The court must independently send a decision on the dissolution of a marriage after it enters into legal force to the DRAC body at the place of its adoption.

If it is necessary to confirm the fact of state registration of divorce, a person can apply for an Extract from the State Register of Civil Status Acts on Divorce. You can do this:.

by contacting the nearest DRACS department;

using the Portal \;

in diplomatic missions and consular offices of Ukraine, if the person is abroad.

Along with a large number of people who want to get engaged, in Ukraine, many couples want to break off relations. Recall whether it is possible to get a divorce during the war.