Court changed the decision in the divorce case regarding the date of its registration: what is the matter

The Kherson Court of Appeal reviewed the decision of the Kherson City Court of the Kherson region in the case of a divorce lawsuit. This was reported by the Kherson Court of Appeal.

The court of first instance satisfied the claim, concluding that further cohabitation of the spouses and preservation of the marriage is impossible, as it contradicts the interests of one of the spouses.

In the appeal, the defendant requested to cancel the decision and deny the claim. She stated that the court formally approached the determination of the true will of the parties, did not take into account the rights of the spouses and the child, and also incorrectly indicated the date of marriage registration.

The appellate court agreed with the conclusion about the grounds for divorce. The court proceeded from the fact that according to Article 51 of the Constitution of Ukraine, marriage is based on the free consent of a woman and a man, and Part 1 of Article 24 of the Family Code of Ukraine prohibits forcing into marriage.

The panel of judges also referred to Parts 3 and 4 of Article 56 of the Family Code of Ukraine, which guarantee each spouse the right to terminate marital relations. Forcing to preserve them is a violation of a person's right to freedom and personal inviolability.

According to Part 2 of Article 104, Part 3 of Article 105, Part 1 of Article 110, and Article 112 of the Family Code of Ukraine, marriage may be dissolved at the request of one of the spouses if the court establishes that further cohabitation and preservation of the marriage contradict the interests of one of them or the interests of their children.

The appellate court took into account that the parties had already been given a period for reconciliation, but the marital relations were effectively terminated, the parties live separately, and the plaintiff insisted on divorce. The court also noted that according to Part 1 of Article 111 of the Family Code of Ukraine, reconciliation measures are taken only when they do not contradict the moral principles of society.

At the same time, the appellate court recognized the complaint's claim about the error in the date of marriage registration as justified. The court of first instance indicated October 1, 2017, while the case materials confirmed that the marriage was registered on October 1, 2011.

Guided by paragraph 2 of Part 1 of Article 374 and paragraph 3 of Part 1 of Article 376 of the Civil Procedure Code of Ukraine, the appellate court changed the decision regarding the date of marriage registration. In other parts, the decision of the court of first instance was left unchanged.

Thus, by the ruling of the Kherson Court of Appeal in the case dated 09.06.2026 No. 766/786/26, the appeal was partially satisfied, and the decision of the Kherson City Court of the Kherson region dated 20.04.2026 was changed only regarding the date of marriage registration, while the conclusion about its dissolution remained unchanged.

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