OBSTACLES IN EVIDENCE IN CASES ON DISSOLUTION OF MARRIAGE

Abstract

The article highlights the problems of proof in civil proceedings in divorce cases. As a result of the full-scale war, the demand for divorce is increasing. Divorce plays an important basic role in the perception of the end of a relationship, because in fact it poses to the already ex-spouses important questions of child support, the dating regime and the process of upbringing, the distribution of jointly acquired property and other issues. In fact, divorce is a legal and psychological milestone for spouses, the passage of which is an important element both for citizens and for society as a whole, because it provides the opportunity to create new, possibly stronger families. There are two ways to dissolve a marriage in Ukraine: – through the RACC – in the event that there are no minor children and both spouses wish to terminate the marriage; – through the court – in the case of minor children or the unwillingness of one of the spouses to dissolve the marriage. According to the statistics of the Ministry of Justice of Ukraine, the number of broken marriages for 2022 is: 17,893, including 1,093 divorces through court. At the same time, the indicated statistics need to be supplemented by the judicial authorities, because due to a lack of funding, violation of the deadlines for the preparation of decisions, not all court decisions on divorce could be reflected in the statistics for the corresponding year. In confirmation of this, lawyers in the field of family law repeatedly reported in the mass media about the increase in requests for divorce, at least twice, compared to the previous year [2, p. 175]. In this essay, we will be talking about the judicial option of termination of marriage and the process of proof in this type of civil disputes. “Each party must prove the circumstances to which it refers as the basis of its demands or objections” [3, Part 1 of Art. 81]. The Civil Procedure Code of Ukraine, in particular Art. 175, does not contain a list of mandatory evidence, with which the plaintiff must prove the circumstances he refers to and, accordingly, add to the application for divorce. Along with this, the list of such evidence, established by the court decision, will be discussed in more detail later.