Renewal of marriage in the event of the appearance of a person who was declared dead or recognized as missing.

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Ukrainian legislation provides a procedure for the restoration of marriage in cases where a person who was declared deceased or recognized as missing has reappeared.

1. Restoration of Marriage after a Person is Declared Deceased:

  • Conditions:
  • The person declared deceased has reappeared.
  • The court has annulled the decision declaring the person deceased.
  • The death record has been annulled.
  • Neither spouse is in a subsequent marriage.
  • Procedure:
  • Once the court annuls the decision declaring the person deceased and the death record is annulled, the marriage is automatically restored.
  • No additional applications or actions from the spouses are required.

2. Restoration of Marriage after a Person is Declared Missing:

  • Conditions:
  • The person declared missing has reappeared.
  • The court has annulled the decision declaring the person missing.
  • Neither spouse is in a subsequent marriage.
  • Procedure:
  • The spouses file a joint application to the state civil registration authority (DRACS) for the restoration of the marriage.
  • DRACS will annul the record of divorce and the corresponding divorce certificate.
  • The marriage is considered restored from the moment the divorce record is annulled.

Note: If one of the spouses remarried during the other’s absence, the restoration of the previous marriage is not possible.

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