Europe

The plaintiff-wife filed a lawsuit for divorce on the grounds of lack of mutual understanding, and loss of love and respect for her husband, the defendant. During the trial, the plaintiff referred, among other things, to the fact that The defendant had repeatedly used physical violence against her, humiliated her honor and dignity, and insulted her, including in front of her co-workers at her workplace. The defendant objected to the divorce because he had certain religious beliefs, according to which marriage is for life and its termination is forbidden by God.

The National action plan for the implementation of UN Security Council resolution 1325 'Women, peace, security' for the period until 2025 was developed, in accordance with the Law of Ukraine

The purpose of the Concept is to improve society's understanding of the essence and tasks of state gender policy and to perceive it as an integral component of a democratic and legal state. The text of the Concept highlights the problems that need to be solved. For example, the gender discrimination, gender-based violence, and sexual harassment in Ukrainian society. Gender stereotypes are often ignored and dismissed, which is a negative trend.

Termination of marriage is a legal status, after which the legal relationship between the spouses no longer exists. Articles 104-105 of the Family Code of Ukraine provide that a marriage is terminated if either spouse is presumed dead or declared missing. Dissolution is one of the types of termination of marriage provided by the Family Code.

Articles 106-107 of the Family Code of Ukraine allow termination of a marriage by the civil registration office upon an application filed by the spouses who do not have children or one of the spouses (i.e., this is an out-of-court procedure for termination of marriage).

Article 57 of the Family Code of Ukraine defines a list of types of property that are not considered joint property of spouses, for example: (i) any property acquired by either spouse before getting married; (ii) any property acquired under a gift agreement or as heritage during the marriage; (iii) any property acquired during marriage with one spouse’s own money; (iv) personal items such as jewelry, even if acquired with money owned jointly by the spouses, etc.

Articles 60-61 state that any property acquired during marriage shall be jointly owned by the spouses regardless of whether either spouse did not make their own income for a valid reason (studies, household matters, children care, sickness, etc.).

These articles determine the legal consequences related to joint property of the spouses after the dissolution of the marriage. Dissolution of marriage shall not terminate the joint ownership of any property acquired in marriage, meaning that co-owners shall manage any property that remains in their joint ownership upon divorce only on the basis of their mutual agreement.

Article 74 of the Family Code of Ukraine establishes rules governing property division in “civil marriages,” meaning that a woman and a man live together as a family but are not legally married to each other or to anyone else. Any property acquired by a couple in a civil marriage while living together is their joint property that will be shared or divided equally after the marriage ends, unless otherwise defined in a written agreement. Thus, in theory, the legal status of the property acquired by persons in a civil marriage is the same as the legal status of the property of the spouses.

            Spouses who have children may file to a competent court a divorce application supported by a written agreement detailing with whom the children will live following the divorce, to what extent the other parent will support the children, and the other parent's right to care for the children. The competent court shall award a divorce one month following the submission of the divorce application, if it is established that the divorce application is in line with the genuine intent of the wife and husband.