On 19 December 2024, the Law of Ukraine No. 4073-IX "On Amendments to Certain Legislative Acts of Ukraine Regarding Improving the Mechanism for Preventing and Countering Domestic Violence and Gender-Based Violence" entered into force.
Amendments have been made to the Family Code of Ukraine and allow divorce during the wife's pregnancy and one year after the child's birth.
How it was before:
Since 2004, it has been prohibited to divorce during the wife's pregnancy and one year after the child's birth. The only exceptions were as follows:
How it is now:
A divorce lawsuit can be filed at any time (Part 1 of Article 110 of the Family Code of Ukraine), including during the wife's pregnancy or one year after the child's birth.
When considering disputes about divorce, courts are not allowed to grant reconciliation measures for those spouses where there is a fact of domestic violence (Part 2 of Article 111 of the Family Code of Ukraine). It is important that the legislator has defined such a prohibition regardless of the status of the criminal proceedings for domestic violence. Thus, the fact of opening criminal proceedings prohibits taking measures to reconcile the spouses.
The amendments to the Family Code of Ukraine are designed to ensure the constitutional right of individuals to voluntary marriage and protect their rights during a difficult period of life, taking into account real-life circumstances.
For further information, please contact Asters' Partner Talina Kravtsova or Counsel Yuri Neklyaev.