It is possible to dissolve a marriage without the consent of the wife, but only through a court order, notes a family lawyer from JSC “Inferno DLK”. This cannot be done through the Civil Registry Office, because the administrative procedure requires mutual consent of the spouses and the absence of joint minor children.
“I will not consent to a divorce.” is a fairly common phrase with which one spouse can “intimidate” the other. But does such a statement have the right to life according to Ukrainian legislation? Are there cases when a divorce is not possible? In this article, the family lawyer INFERNO DIGITAL provides answers to such troubling questions and explanations regarding the most frequent facts about the termination of marital relations.
Divorce without the consent of the wife through the Civil Registry Office
According to the current legislation of Ukraine, it is really possible to divorce through the civil registry office (CRC) only if there is the consent of both husband and wife. Divorce is registered only upon a joint application of the spouses. That is why, if there is no consent from the wife to divorce, then it is impossible to dissolve the marriage through the CRC.
Divorce during pregnancy
Until November 2024, divorce during pregnancy was only possible in exceptional circumstances, including the commission of a crime against the wife.
However, last year, the Family Code of Ukraine was amended and this ban on divorce during the wife's pregnancy was eliminated. As of today, pregnancy is not an obstacle to divorce and it occurs on general grounds, in court, if there is no mutual consent between the spouses.
How to get a divorce without the woman's consent if there are children in the marriage
Divorce without the consent of the wife is possible in court, even if the spouses have minor children together. Since marriage in Ukraine is free, no one can be forced to enter into marriage or to remain in a marriage against their will.
Therefore, when filing a divorce petition with the court, the court makes a decision to dissolve the marriage, even if the other party objects to it or does not appear at the court hearings.
If necessary, if the spouses have not reached an agreement on who the minor child will live with or on the procedure for raising the child and there is a dispute between the parents, such family disputes regarding the child may also be considered in court.
When divorce without consent is impossible
Even if the wife does not consent, divorce is possible, but it may be somewhat complicated. For example, the judge may grant a period for the spouses to reconcile or postpone court hearings at the wife's request.
Since marriage is free in Ukraine, such a situation as “dissolution of marriage” is impossible as of today.
What documents are needed?
To divorce without the woman's consent, the man needs to prepare a number of documents:
- A statement of claim for divorce;
- Passports and identification codes of both spouses;
- An extract from the place of residence of both spouses;
- Marriage certificate - to confirm the fact of marriage;
- Birth certificate of children (if available);
- Receipt for payment of court fee.
Term for divorce without consent
Divorce without the consent of the wife is only possible through court proceedings, and therefore the duration of the divorce may vary slightly depending on the situation. The duration of the divorce will depend on the following factors:
- Court workload;
- The position and procedural behavior of women in court;
- Has a deadline been set for reconciliation?
If the court does not provide a deadline for reconciliation between spouses, then on average the divorce process lasts about 2 months and within another month the court decision becomes legally binding.
If you are faced with the need to get a divorce, it is important to understand how the system works, what documents are required, and what can affect the timing of the divorce. It is best to seek the help of an attorney who will help you prepare the documents and represent your interests in court.
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