Soldier died 10 days before his wedding: court recognized the marriage as registered, although the ceremony did not take place
The Horishni Plavni City Court of Poltava region recognized the marriage between a woman and a serviceman, who died during a combat mission before the scheduled date of state registration, as registered. The court concluded that the parties lived together as a family for a long time, submitted a joint application to the Civil Registry Office for marriage registration, but were unable to complete the procedure due to the husband’s death in the war.
The court recognized the marriage as registered from September 27, 2023 — the date specified in the operative part of the decision. This decision may have legal significance for the plaintiff’s rights under the Law of Ukraine "On Social and Legal Protection of Servicemen and Their Families."
Case circumstances
The woman filed a lawsuit against the Ministry of Defense of Ukraine. She stated that since 2017 she had lived as a family with the serviceman without registering the marriage. They shared a household, lived together with the plaintiff’s son, and were effectively in a family relationship.
In July 2023, the man was mobilized into the Armed Forces of Ukraine. During a leave on September 5, 2023, the couple submitted a joint application to the Civil Registry Office for state marriage registration. The registration was scheduled for September 27, 2023.
However, ten days before this date, the serviceman died during combat near the settlement of Opytne in Donetsk region.
The plaintiff noted that due to the serviceman’s death, they were unable to officially register the marriage. According to her, establishing the appropriate legal status is necessary to exercise rights provided by Article 16-1 of the Law of Ukraine "On Social and Legal Protection of Servicemen and Their Families."
To support her claims, evidence of cohabitation, documents of the marriage registration application, and a service document filled out by the serviceman during mobilization, where the plaintiff’s personal data was listed under "Wife," were submitted.
The representative of the Ministry of Defense of Ukraine did not appear at the court hearing and did not submit a response to the claim.
Court’s position
The court noted that state registration of marriage is intended to ensure the stability of family relations, as well as the protection of the rights and interests of spouses, their children, the state, and society.
After examining the evidence, the court concluded that the case materials 534/1847/26 confirmed the parties' cohabitation as a family for seven years, their intention to officially register the marriage, and the submission of the corresponding application to the Civil Registry Office.
According to the court, the state registration of the marriage did not take place solely due to an insurmountable circumstance — the death of the serviceman while defending Ukraine.
The court also referred to the principle jura novit curia ("the court knows the law") and cited the legal conclusion of the Grand Chamber of the Supreme Court, according to which the court independently determines the legal nature of disputed relations and applies the appropriate legal norms.
Court decision
The court partially satisfied the claim.
By court decision, the marriage between the deceased serviceman and the plaintiff was recognized as registered from September 27, 2023.
The court denied the other parts of the claim.
The decision has not yet entered into legal force and may be appealed.
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