Question 1

How do I file for divorce if my husband is a member of the military?

Accepted Answer

The procedure depends on whether you have joint minor children and if your husband consents:

Through the Civil Registry Office (RATS): Allowed if there are no minor children and the husband consents. Since he is on active duty, he can have his divorce application signature certified by his military unit commander (pursuant to Ukrainian notary laws) and mail it to his wife for submission.
    
Through Court: Required if you have children or if he objects. A lawsuit must be filed. During martial law, military personnel have the right to request a temporary stay of court proceedings until their service concludes (Art. 252 of the Civil Procedure Code). However, if he does not object to the divorce, the court can fast-track the case. Court summons are sent to the place of military service (via the unit command) or via the official "Diia" state app.

Question 2

How do I file for divorce if one spouse is located abroad?

Accepted Answer

Through the Civil Registry Office: The spouse abroad fills out their part of the application, has their signature notarized at the Ukrainian Consulate or by a local notary (with an Apostille), and sends it to Ukraine. The other spouse then submits it.
    
Through Court: A lawsuit can be submitted remotely via the "Electronic Court" sub-system. Documents must be signed electronically using an Electronic Digital Signature (EDS / "Diia.Sign").

Question 3

Can I get a divorce remotely without physically appearing in court?

Accepted Answer

Yes, entirely. To do this, you must:

Submit the lawsuit via the "Electronic Court" portal.
    
File a motion requesting the court to review the case in the plaintiff's absence (or a petition for simplified proceedings without summoning the parties).
    
Alternatively, you may participate in hearings via video conference from outside the court premises using your own technical devices via the official VKZ state system.

Question 4

How is an apartment bought on a mortgage during marriage divided?

Accepted Answer

Such an apartment is legally considered joint marital property but is encumbered by debt. Resolution methods include:

Dividing shares and debt: The apartment is split 50/50, and the obligation to pay the remaining mortgage is also split equally. However, any modification of the loan terms strictly requires the prior consent of the creditor bank.
    
Buyout of a share: One spouse relinquishes their share of the apartment in exchange for monetary compensation, while the other assumes full responsibility for the remaining mortgage (subject to bank approval).
    
Selling the property: With the bank's consent, the property is sold, the mortgage is paid off, and the remaining proceeds are split between the ex-spouses.

Question 5

Is property purchased with money from one spouse's parents considered joint property?

Accepted Answer

No, such assets are legally recognized as the sole personal property of the spouse whose parents gifted the funds (Art. 57 of the Family Code of Ukraine).

Crucial Condition: You must strictly prove in court that the money used for the purchase was an explicit, targeted gift from the parents (e.g., provide a formal cash gift agreement, or proof that the parents sold their own property and transferred the funds via wire transfer directly to the seller or developer's account). Oral witness testimonies alone are generally insufficient.

Question 6

Why do I need a prenuptial agreement, and can it be signed after marriage?

Accepted Answer

A prenuptial (or postnuptial) agreement strictly regulates property rights and financial obligations of the spouses (division of property upon divorce, housing usage, spousal support). It cannot regulate personal relationships or dictate child custody terms.

When to sign: It can be executed prior to marriage registration (takes effect on the wedding day) or at any point after the marriage has been registered (takes effect on the day of notarization).

Question 7

How does the court decide who gets child custody after a divorce?

Accepted Answer

If parents fail to reach an out-of-court agreement, the dispute is resolved by the Child Protection Services or by the court.

Court Criteria: The court assesses each parent's commitment to parental duties, the child's emotional attachments, age, health status of all parties, financial stability, and housing conditions.
    
Please Note: The financial superiority of one parent is never the deciding factor. The opinion of a child who has reached 10 years of age must be heard and factored into the court's final decision.

Question 8

Can a mother relocate abroad with a child without the father's consent?

Accepted Answer

During Martial Law: Yes, temporary travel abroad for evacuation or vacation is allowed without the father's notarized consent (pursuant to the Cross-Border Regulations, CMU Resolution No. 57).
    
Permanent Relocation (Permanent Residency): For long-term legalization and changing the child's permanent residence abroad, the father’s consent or a court order granting permission to relocate permanently without his consent remains mandatory, as this affects his fundamental parental rights.

Question 9

How do I recover a child who was taken abroad by the other parent without permission?

Accepted Answer

If a child was unlawfully removed or is being retained abroad past the agreed period, rights are enforced under the 1980 Hague Convention on the Civil Aspects of International Child Abduction:

The aggrieved parent files an application with the Ministry of Justice of Ukraine (acting as the Central Authority).
    
The Ministry of Justice forwards the request to the Central Authority of the nation where the child is being held.
    
The foreign court evaluates the case under an expedited procedure and orders the immediate return of the child to their habitual residence (Ukraine) so the custody dispute can be properly resolved there.

Question 10

What is the minimum child support amount in 2025–2026?

Accepted Answer

The guaranteed minimum child support amount per child is set at 50% of the statutory subsistence minimum for a child of the corresponding age. As of 2026, the baseline minimum rates in Ukraine stand at:

For children under 6 years old: 2,563 UAH → minimum 1,281.50 UAH (approx. $31).
    
For children aged 6 to 18: 3,196 UAH → minimum 1,598 UAH (approx. $39).

> The recommended child support amount (which a court may award if the payer has sufficient income) is 100% of the statutory subsistence minimum for a child of that age (approx. $62–$78).

Question 11

How do I increase child support payments if the father’s income goes up?

Accepted Answer

You must file a lawsuit for the modification of child support amounts (Art. 192 of the Family Code). You must attach evidence proving the payer's improved financial standing (records of new property or vehicle purchases, social media data proving luxury travel, certificates of official salary raises, or private contractor/FOP revenue).

Question 12

What can I do if the father evades child support and works unofficially?

Accepted Answer

Obtain a court order specifying child support as a fixed/flat monetary sum (rather than a percentage of unknown income).
    
Submit the enforcement order to the State Enforcement Service or a private bailiff.
    
If the debtor works under the table, the bailiff calculates arrears based on the average wage index for that specific geographical area (which is frequently higher than the minimum wage).
    
If arrears exceed 4 months, the bailiff automatically imposes restrictions: international travel bans, driver's license suspension, firearms restrictions, and the freezing of all bank accounts.

Question 13

What is the penalty for overdue child support payments?

Accepted Answer

Under Art. 196 of the Family Code, the child support recipient is entitled to a late penalty rate of 1% of the unpaid child support amount for each day of delinquency.

Limitation: The total accrued penalty cannot exceed 100% of the principal debt (meaning the penalty cannot be larger than the back-pay itself). Penalties are recovered strictly via a separate court lawsuit.

Question 14

What are the grounds for the termination of parental rights?

Accepted Answer

The statutory list is exhaustive (Art. 164 of the Family Code of Ukraine). A parent can be stripped of rights if they:

Evade their parental duties in raising the child (fail to show interest in their health, education, or fail to communicate for months/years).
    
Mistreat or abuse the child.
    
Are diagnosed with chronic alcoholism or drug addiction (medical certification required).
    
Exploit the child (e.g., forcing them into begging).
    
Are convicted of an intentional criminal offense against the child.

Question 15

How do I establish the legal fact of cohabitation without marriage (common-law marriage)?

Accepted Answer

This must be done through court proceedings (via special non-contentious proceedings if there is no dispute, or via standard civil litigation if property is being split simultaneously).

Evidence for the Court: Joint residential registration ("propiska"), shared travel and family holiday photos, lease agreements featuring both names, joint children, proof of major mutual purchases (receipts or invoices paid by one party for property registered to the other), and testimonies from neighbors or relatives.

Question 16

What should I do if my husband is missing in action (MIA) and I need to establish the fact of death?

Accepted Answer

If a service member or civilian goes missing in a combat zone:

The family first obtains an official notification from the Military Command / TCC declaring the individual "Missing under Special Circumstances."
    
Pursuant to Art. 46 of the Civil Code, if an individual goes missing due to hostilities, they may be declared legally dead by a court after 2 years from the date hostilities conclude. However, if specific circumstances are known (e.g., squad members witnessed a direct hit on a bunker/vehicle, but the body could not be recovered), the court can declare the person dead after 6 months from the event.
    
A petition is filed with the court at the applicant’s place of residence to declare the person deceased. The court decree serves as the legal basis for the Civil Registry Office to issue a death certificate.

Question 17

What happens during the initial consultation, and what documents should I bring?

Accepted Answer

Consultation Format: The attorney evaluates your family situation, assessing conflicts regarding children or assets. The proper court jurisdiction is determined, and a strategic legal roadmap is built. If needed, the attorney can immediately draft lawsuits, asset freezing motions (to protect property prior to division), or official statutory information requests.

Documents to Bring:

Your Passport and Tax ID (RNOKPP).
    
Marriage Certificate (the original is required by the court for divorce).
    
Children’s Birth Certificates.
    
Deeds/titles to disputed property (vehicle titles, purchase agreements, registry extracts, mortgage deeds).
    
For child support/penalty recovery — income statements (if available) or official calculation of arrears from a bailiff.
    
For military notifications — original documentation from the TCC/military unit.

Service	Price
Initial Oral Consultation	Free
Express Analysis of the Situation & Documents	from $20
Written Legal Opinion / Consultation	from $25
Attorney’s Official Statutory Request	from $30
Drafting a Notarized Child Support Agreement	from $50
Drafting a Notarized Property Division Agreement	from $75
Drafting or Reviewing a Prenuptial Agreement	from $75
Preparing a Divorce Application via Civil Registry Office	from $35
Drafting a Divorce Lawsuit (Court Petition)	from $75
Drafting a Property Division Lawsuit	from $100
Drafting a Child Support Lawsuit	from $60
Drafting a Child Custody Lawsuit	from $85
Drafting a Lawsuit for Termination of Parental Rights	from $100
Representation in the Court of First Instance	from $220
Full Package Case (Divorce + Property + Custody + Support)	from $365
Drafting an Appellate Grievance	from $120
Representation in the Court of Appeals	from $220
Cassation Appeal to the Supreme Court	$220
Representation in the Supreme Court	from $315
Child Return Proceedings (1980 Hague Convention)	from $365

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