In Khmelnytskyi region, a woman failed to prove cohabitation as one family with a deceased serviceman

The Khmelnytskyi Court of Appeal upheld the decision of the first instance court, which denied the woman the establishment of the fact of cohabitation as one family without official marriage with the deceased serviceman. This was reported by the court. 

Case circumstances

According to the case materials, in December 2024, during a combat mission in Donetsk region, a resident of the Starokostiantyniv community died. He had been serving in the Armed Forces of Ukraine since March 2022.

A few months after his death, a resident of Starokostiantyniv filed a lawsuit to establish the fact of cohabitation as one family with the deceased without marriage registration.

The plaintiff claimed that since March 2022 they lived as husband and wife, maintained a joint household, arranged their life together, and planned a common future. She also noted that in the military unit’s documents she was listed as the "fiancée," and the serviceman left her contacts for communication with the command.

According to the woman, establishing this fact was necessary for her to receive a one-time financial assistance related to the serviceman’s death.

The deceased serviceman’s parents, who were defendants in the case, categorically denied the fact of the plaintiff’s cohabitation with their son.

The Starokostiantyniv District Court of Khmelnytskyi Region denied the claim. The plaintiff and her representative appealed this decision to the appellate court.

Appeal decision

The appellate court agreed with the first instance court’s conclusion about the lack of proof of cohabitation as one family without marriage registration and rejected the arguments of the appeal.

The panel of judges noted that the plaintiff was in a registered marriage with another man until August 22, 2024.

"...which excludes the possibility of establishing the fact of her cohabitation during this period as one family of a man and a woman without marriage registration and contradicts the requirements of Article 25 of the Family Code of Ukraine regarding the possibility of simultaneous cohabitation of a woman with different men as one family," the court stated.

The appellate court also pointed out the contradictory witness testimonies: half confirmed only communication and meetings between the parties, while the rest confirmed cohabitation.

The court noted that the vast majority of joint photographs were dated to years when the plaintiff was still in a registered marriage with another man. It also noted that the serviceman’s personal file questionnaire contained no data about her, but listed his parents and siblings.

Moreover, the established circumstances of military service, the serviceman’s business trips, and participation in combat operations practically excluded the possibility of constant cohabitation during the claimed period.

Therefore, the appellate court concluded that there was no proper, admissible, and sufficient evidence of joint cohabitation of the plaintiff and the deceased serviceman, joint household management, budget, and mutual rights and obligations characteristic of spouses.

The full text of the court ruling in case No. 683/1772/25 can be found in the Unified State Register of Court Decisions.

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