Divorce in Ukraine During Wartime: Procedures and Legal Nuances
Amid the ongoing conflict in Ukraine, many married couples find themselves facing the challenge of dissolving their marriages under increasingly complicated circumstances. The war has dramatically affected various aspects of Ukrainian life, including the legal process of divorce, which has been adapted to the realities of martial law. Experts from the Southern Interregional Directorate of the Ministry of Justice have provided comprehensive guidelines on how to properly formalize a divorce, both within Ukraine and abroad. According to legislation, the termination of marriage is governed by Chapter 11 of the Family Code of Ukraine. The essential principles state that a marriage ends either through a formal divorce or upon the death of one spouse. To register a divorce on the territory of Ukraine, individuals must contact either the Civil Status Acts Registration Office (DRACTS) or the court—depending on specific circumstances. In general, divorces through DRACTS are only possible if both spouses file a joint application and do not have minor children in common, with mutual consent. If these conditions are not met, the divorce process must be carried out through court proceedings. Additionally, grounds for divorce via state authorities include court decisions issued before the law “On State Registration of Civil Status Acts” came into effect, or a joint application by one spouse supported by a court decision recognizing the other as missing or legally incapacitated. If one spouse cannot personally submit the application due to valid reasons, they can authorize another person through a notarized power of attorney or equivalent document. It is also essential to note that divorce can be finalized regardless of any property disputes between spouses. For Ukrainian citizens residing abroad, the divorce registration process is carried out through Ukrainian diplomatic or consular missions. The fact of divorce is confirmed by either the marriage dissolution certificate issued by DRACTS or a court decision with legal force. After the court decision becomes effective, it is forwarded to the registry authority to update the civil registry and record the change. A person who changed their surname during marriage has the right to keep it or revert to their pre-marriage name. In case of the death of a spouse, official registration of divorce is not performed—only the fact of death is registered, with a death certificate serving as proof of the family status. To file for divorce via DRACTS, spouses without children need to provide their passports, marriage certificate, and proof of payment of the state fee. Typically, the divorce is registered one month after the application is submitted, provided it is not withdrawn. It is crucial to consider the specifics of wartime: according to regulations, during martial law, registration can be performed at any DRACTS regardless of the place of residence—allowing for more flexible and expedited procedures.