The Supreme Court answered whether a divorce can be canceled after the death of a serviceman: the case concerned 15 million UAH
The Civil Cassation Court of the Supreme Court canceled the appellate court’s ruling, which accepted the withdrawal of the divorce claim after the divorce decision had already come into legal force and the ex-husband had died during military service. The Supreme Court concluded that the appellate court did not take into account the legal consequences of the decision coming into force, the death of the defendant, and circumstances indicating bad faith use of procedural rights. The case was sent back to the appellate court for further consideration.
At the same time, the Supreme Court recognized that the Ministry of Defense of Ukraine had the right to file a cassation appeal against the appellate court’s ruling, since its consequences could directly affect the ministry’s authority to decide on the appointment of one-time financial assistance to the family members of the deceased serviceman.
After the divorce, the ex-husband died during military service
In January 2022, the wife filed a lawsuit for divorce, stating that the family relationship had effectively ended and that the husband did not agree to divorce out of court.
In May 2022, the Sarny District Court granted the claim. Neither party appealed the decision, so in June 2022 it came into legal force. According to Article 114 of the Family Code, the marriage is considered terminated from that moment.
After that, the ex-husband, who served in the Armed Forces of Ukraine, died.
After his death, the adult daughter of the parties, who did not participate in the case, filed an appeal against the divorce decision. The appellate court opened proceedings, after which the ex-wife filed a statement withdrawing the claim, citing reconciliation with the defendant. The appellate court accepted the withdrawal, declared the district court’s decision invalid, and closed the case.
Why the Ministry of Defense joined the case
The Ministry of Defense of Ukraine appealed the appellate court’s ruling in cassation.
The ministry noted that after the divorce decision was declared invalid, the ex-wife filed an administrative lawsuit demanding that the Ministry of Defense be obliged to appoint and pay her 15 million UAH in one-time financial assistance as the wife of the deceased serviceman.
According to the Ministry of Defense, the appellate court’s ruling could affect the determination of persons entitled to such payment and, consequently, the ministry’s authority to decide on granting or denying the payment.
What the Supreme Court stated
The Civil Cassation Court in case 572/203/22 concluded that the appellate court prematurely accepted the withdrawal of the claim.
The Supreme Court emphasized that the divorce decision came into legal force in 2022, so the marriage was already terminated. The defendant died after the marriage was terminated. Neither the adult daughter who filed the appeal nor the plaintiff informed the appellate court about the defendant’s death, although this fact was crucial for the correct resolution of the procedural issue. Closing the proceedings under such circumstances could not lead to the restoration of the marriage.
The Supreme Court also paid special attention to the plaintiff’s procedural behavior. The court noted that she filed the withdrawal statement citing reconciliation with the defendant, although the statement was made seven months after his death and almost a year after the divorce decision came into force. Moreover, during the appellate hearing, she confirmed that the defendant was aware of the case but did not inform the court about his death.
The Supreme Court reminded about the principle of procedural good faith. It stated that participants must consistently exercise their procedural rights, and courts must not tolerate their abuse. If court procedures are used not to resolve a dispute but to achieve another goal, such actions must be stopped.
Additionally, the Civil Cassation Court confirmed its previously established approach that the death of one spouse makes it impossible to restore family relations and excludes succession in a divorce dispute. The court also emphasized that canceling a divorce decision after a significant time without the intention to restore the family would contradict the principle of legal certainty.
Why the Ministry of Defense had the right to file a cassation appeal
The Supreme Court separately considered the procedural status of the Ministry of Defense.
The court reminded that a person who did not participate in the case can appeal a court decision only if it directly resolves issues of their rights, interests, or obligations, or if the decision creates legal consequences for them.
Although the Ministry of Defense was not a party to the family dispute, the Supreme Court recognized that the appellate court’s ruling could directly affect the ministry’s authority to decide on granting or denying one-time financial assistance to family members of the deceased serviceman. Therefore, the ministry had the right to appeal the court decision in cassation.
What the Civil Cassation Court decided
The Supreme Court partially satisfied the cassation appeal of the Ministry of Defense of Ukraine, canceled the ruling of the Rivne Appellate Court dated May 3, 2023, and sent the case back to the appellate court for further consideration.
At the same time, the Civil Cassation Court noted that within this cassation proceeding it could not decide on leaving the first instance court’s decision in force, as requested by the Ministry of Defense, so it limited itself to canceling the appellate court’s ruling and sending the case for further appellate review.
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