Practical guide

Divorce with minor children in Ukraine

How a joint court application differs from one spouse’s claim, and which child arrangements need separate attention.

Choose the procedure

Minor children do not prevent divorce. Family Code Article 109 provides for a joint court application with a written child agreement; Article 110 allows one spouse’s claim.
Exceptional unilateral civil-registration routes under Article 107 require separate assessment.

The written agreement addresses the children’s residence, support for their living conditions and the involvement in upbringing of the parent living separately.
An agreement on the amount of child maintenance must be notarised under Article 109(2).
The court checks the spouses’ genuine intention and protection of parents’ and children’s personal and property rights.

Divorce does not itself determine maintenance or resolve a dispute over the child’s residence or contact. Do not apply the joint-application agreement requirements to every divorce claim.
Explain the children’s age, current arrangements and existing orders through an agreed channel. Identify whether the task is divorce only or also a separate child or maintenance dispute.
Documents about children are not needed for the first enquiry. Agree the required work, client participation and fees before beginning.

Parental arrangements must respect the child’s rights and interests. Specific agreements and claims need individual review.