Family law in 2026: divorce, maintenance, dividing property — deadlines, amounts, what to do

In 2026 the minimum maintenance for one child is 1,408.50 UAH up to the age of six and 1,756 UAH from six to eighteen: half the subsistence minimum, under part 2 of Article 182 of the Family Code. The court fee on a claim to dissolve a marriage is 1,331.20 UAH, and on a maintenance claim the claimant pays nothing.

The Family Code allows three years for dividing property after a marriage ends, and it is that period, in Article 72, that people most often miss when they move apart and decide to “sort the flat out later”. Not knowing that a court order for maintenance is issued within days, while a full claim takes months, costs just as much.

Family cases rarely come down to one question: a divorce brings maintenance with it, maintenance brings a dispute about where the child lives, and that in turn touches the division of joint property. So the order in which things are done, and the deadlines, matter more here than an emotional assessment of who is right.

Ending a marriage: registry office or court

Article 106 of the Family Code allows a marriage to be dissolved at the civil status registration office on the spouses’ joint application where they have no children. The certificate is issued a month after the application, and the state duty is 0.5 of the tax-free minimum income, that is 8.50 UAH. Article 107 adds the cases where the marriage is dissolved on one spouse’s application: where the other has been declared missing or lacking legal capacity.

Where the couple have children under 18, the only route is the court. Article 109 provides for a joint application with an agreement on where the child will live and how the other parent will contribute to their maintenance and keep in contact. Where there is a dispute a claim is filed, and under Article 111 the court may allow the parties a reconciliation period of up to six months. Article 110 imposes a restriction: a husband may not bring a claim to dissolve the marriage during his wife’s pregnancy or for a year after the birth, except in the cases the law expressly provides. We handle these cases through our divorce lawyer.

Maintenance: amounts and routes in 2026

Part 2 of Article 182 sets the floor: maintenance for one child may not be less than half the subsistence minimum for a child of that age. In 2026 that is 1,408.50 UAH for a child under six and 1,756 UAH for a child from six to eighteen. The benchmark the court aims at where the payer has income is the full subsistence minimum for a child.

The fastest route is the order procedure. Article 161 of the Civil Procedure Code allows a court order for maintenance at a quarter of earnings for one child, a third for two and a half for three or more, but no more than ten subsistence minimums per child. A separate order is available for a fixed sum of half the subsistence minimum. There is one condition: the claim must not involve establishing or disputing paternity.

A full claim is needed where the payer’s income is concealed, where they work abroad or as a sole trader, or where a fixed sum above the minimum is sought under Article 184. Article 194 allows maintenance to be recovered for the past within ten years, if the claimant proves they took steps to obtain it but the money did not come because the payer evaded payment.

Dividing spouses’ property

Article 60 lays down a presumption: property acquired by the spouses during the marriage belongs to both in joint common ownership, even where one of them had no income of their own because of study, caring for children or running the household. Article 70 starts from equal shares, and the court departs from that only where there are weighty circumstances — where one spouse failed to provide for the family, say, or concealed joint funds.

Personal private property covers what was acquired before the marriage, received as a gift or by inheritance, or bought with personal funds. Proving that takes documents: the deed of gift, the certificate of inheritance, bank statements showing where the money came from. A claim for division is a monetary one, so the court fee is one per cent of the value of the share claimed, within 1,331.20 to 16,640 UAH. The limitation period is three years from the dissolution of the marriage, under Article 72. This work is described on the page of our property-division lawyer.

Children: residence, parental rights, paternity

A dispute about which parent a child lives with is decided by the court under Article 161, taking account of the guardianship authority’s opinion, the child’s attachments, age and health, and each parent’s living conditions. The court must hear the views of a child able to express them, though it is not bound by them. A higher salary on one side is not decisive in itself.

Removing parental rights under Article 164 is a last resort and only on an exhaustive list of grounds: failing to perform parental duties, cruelty, chronic alcoholism or drug dependence, exploiting the child. The duty to maintain the child survives it. A separate category is claims to establish paternity under Article 128 and to dispute it, where the key evidence is DNA testing; a respondent who avoids it is not helped by doing so. Those cases are covered by our establishing paternity service.

Maintenance arrears: how the law presses the payer

Article 196 allows a penalty of one per cent of the unpaid maintenance for each day of delay. It is the main financial lever, and it must be claimed separately with a calculation for each month of arrears.

The second lever is the restrictions under the Law “On Enforcement Proceedings”. Once the arrears exceed four months’ payments, the bailiff issues a decision temporarily restricting the debtor’s right to leave the country, to drive and to hold weapons. For maintenance for a child with a disability or a serious illness the period is three months. The data goes into the police database, and the driving licence is seized at the roadside.

What a family case costs

At Svarog a consultation with a family lawyer costs from 1,500 UAH, a written opinion on the prospects of dividing property from 5,000 UAH, drafting a marriage contract or a child maintenance agreement from 5,000 UAH, preparing a claim or an application for a court order from 5,000 UAH, and appearing at one hearing from 3,000 UAH. Handling a civil case from the first consultation through to enforcement starts at 25,000 UAH. Current rates are on the page of legal service prices.

What to do, in order

1. List the questions that have to be closed: ending the marriage, where the child lives, maintenance, dividing property. Some of them can be settled by agreement without a court.
2. Gather the documents: the marriage certificate, the children’s birth certificates, register extracts on property and vehicles, income certificates for both spouses.
3. If there is no dispute, end the marriage through the registry office for 8.50 UAH, or file a joint application with the court together with the agreement about the child under Article 109.
4. For maintenance, apply for a court order: it is quick and free of court fees. A full claim is needed where a fixed sum is sought or the payer’s income is opaque.
5. Bring the claim to divide property within three years of the divorce. File an application for interim relief at the same time if there is a risk the property or the car will be disposed of.
6. After judgment, go to the bailiff. Where arrears exceed four months, ask for the decision imposing temporary restrictions on the debtor.

Typical mistakes

• An oral arrangement about maintenance. Transfers “to the card with no paperwork” are not counted by the court as performance, and the same sum is later recovered again under an enforcement document.
• Missing the three years for dividing property. Time runs from the dissolution of the marriage, not from when the parties finally fell out. Once it expires the respondent pleads limitation and the claim fails.
• Transferring property to relatives. Such transactions are challenged as shams, and the attempt itself damages that party’s position on every other issue in the case, including the child.
• Using removal of parental rights to be rid of an ex-partner. The grounds in Article 164 are exhaustive and the duty to maintain the child survives, so such claims are lost more often than won.
• Claiming maintenance without the penalty. The penalty under Article 196 is awarded only where it is claimed with a calculation; the court does not add it of its own motion.

When you do not need a lawyer

If there are no children, nothing to divide and both sides agree, the divorce is done at the registry office in a month for 8.50 UAH of state duty, with no legal help at all. The application for a court order for maintenance at the standard rate is likewise filed alone: the form is simple, no fee is charged, and the judge decides it without a hearing. A lawyer becomes necessary where there is property, a business or loans in one spouse’s name, where the payer has no official income, where a dispute has arisen about where the child lives or about removing parental rights, and where one party has gone abroad and documents must be served through international channels. The practice as a whole is described on the page of our family lawyer.

Questions and answers

What does a divorce cost in 2026

Through the registry office on a joint application by a couple with no children — 8.50 UAH of state duty and a month’s wait. Through the courts the fee on a non-monetary claim is 1,331.20 UAH, multiplied by 0.8 if filed through the Electronic Court.

What is the minimum maintenance for a child

Half the subsistence minimum for a child of that age, under part 2 of Article 182: 1,408.50 UAH up to six and 1,756 UAH from six to eighteen in 2026. The court cannot award less even where the payer has no official income.

Can a marriage be dissolved without the other spouse’s consent

Yes, through the courts. A respondent’s unwillingness is no ground for refusal; the court may only allow a reconciliation period of up to six months under Article 111. Once it passes the case is heard on the merits.

Is a flat bought before the marriage divided

As a rule no, it is personal private property. But where joint funds paid for major repairs or reconstruction during the marriage that substantially raised its value, the other spouse may seek to have it treated as joint, or claim compensation.

How long does a divorce case take

With mutual agreement and nothing in dispute, one to two months. Where the court allows a reconciliation period it stretches to six months, and where there is a dispute about children or property it runs longer.

What if the payer has no official job

Claim maintenance as a fixed sum under Article 184. The court looks beyond the income certificate to the payer’s actual standard of living: property, vehicles, spending, trips abroad.

At what level of arrears is a driving licence taken

Arrears above four months’ payments entitle the bailiff to restrict the debtor’s right to drive, to leave the country and to hold weapons. For maintenance for a child with a disability or a serious illness three months suffice.

Can maintenance be recovered for past years

Yes; Article 194 allows recovery for the past within ten years. The claimant must show they asked the payer for the money and that the payer evaded paying it.

Must a marriage contract be made before the wedding

No, it can be made during the marriage too. It is notarised and sets the regime for property, arrangements for maintaining a spouse and how expenses are shared. It cannot regulate personal non-property relations.

Sources

• Family Code of Ukraine, Arts. 60, 70–72, 106–111, 128, 161, 164, 182–184, 194, 196 — zakon.rada.gov.ua/laws/show/2947-14
• Civil Procedure Code of Ukraine, Art. 161 — zakon.rada.gov.ua/laws/show/1618-15
• Law of Ukraine “On Court Fees” — zakon.rada.gov.ua/laws/show/3674-17
• Law of Ukraine “On Enforcement Proceedings”, Art. 71 — zakon.rada.gov.ua/laws/show/1404-19
• Unified State Register of Debtors — erb.minjust.gov.ua

Family disputes with Svarog

We start by breaking the situation into separate claims and deadlines, because in family cases the order of steps often matters more than the arguments. We draft the agreements that close a question without a court, file applications for maintenance orders, run disputes about property and about children, and handle enforcement where a judgment is not carried out voluntarily. Maintenance is covered separately on the page of our maintenance lawyer.

+38 095 554-54-24 · Kyiv, 7 Khoriva Street (Podil) · Mon–Fri 9.00–18.00