"Save" a broken marriage: About the claim, Not served, And what is the money here?
The Supreme Court has recently considered a deeds of marriage. Such cases infrequently reach the cassation instance, And in this case there was a feature: The complainant claimed, that she did not file a claim for divorce. Sometimes it happens, that the defendant does not know about the existence of a court case, But so that the plaintiff does not know about it is a rarity. Although it happens.
For example, In my practice was the case, in which the plaintiff did not even know about the existence of the trial initiated by her. So, to my client, The culprit of a small accident, A claim for damages and non -pecuniary damage has been filed. The claim was filed on behalf of the owner of another car, which was affected in an accident. The claim was justified and the amount of losses, and the size of moral harm, which was in the impossibility of plaintiffs to use the car regularly and use it in work. The interests of the plaintiff was represented by a lawyer.
But it turned out, that actually a car owned one young man (A relative of the plaintiff), which after an accident decided to "arrange a claim" on behalf of the plaintiff and earn a little. As a result, the court left the claim without consideration on the basis of a statement of the representative of the "plaintiff" (Although, in my opinion, It would be more correct to return the claim as such, that is signed by the person, who had no right to sign a claim).
As for the dissolution of the marriage without the knowledge of the plaintiff, it also had to hear some bearded stories about such cases. There is now an “action”, who can inform the person about, that such a person is a member of the court case. But not everyone has a “action”. Besides the "action" is possible failures. And is not excluded, that when submitting a claim will not be specified (or will be specified with an error) Rnokpp, to which “action” is tied. And often it turns out, that with the same name there are several different people. By the way, Once the court refused to open proceedings, with, According to the court received, The defendant died. And the defendant took and appeared in court for a ruling ... Sometimes.
Usually the judicial summary must deliver "UkrPoshta", but also for the quality of Ukrposhta's work there are many questions, and mailboxes are often destroyed or missing, and not always a person lives at that address, that is specified in the summons. And many people went abroad.
So I am every customer (including. potential) I recommend at least once a month to go on The site of the authorities and check, Is there any court cases with respect to him.
In a court case, which the Supreme Court was reviewed and which I mentioned at the beginning of this post, The plaintiff claimed, what is she in July 2022 year to court with a claim for divorce did not apply. So, probably, It can happen so, that in absentia court decision from 14.12.2022 About the dissolution of marriage can be canceled (The case is assigned to July 2025 year). And torn by such a decision marriage will be considered valid. If it came out, that after a court decision, a man had already married a different marriage - then this man would be considered such, married at the same time. And this phenomenon in the legal system of Ukraine is not welcome at all. And if this man was also an official or politician, this situation could do great harm to his reputation.
But something tells me, What is in the case, яку переглядав Верховний Суд, ситуація скорботно інша. Адже досить унікальні прізвище та ім’я чоловіка-відповідача по цій справі згадуються в інтернеті, в Книзі пам’яті серед Українських Воїнів, які загинули у лютому 2023 року… Як відомо, близькі члени сім’ї загиблого воїна можуть отримати 15 млн одноразової грошової допомоги. І якщо шлюб розірвано – колишня дружина такої допомоги не отримає.
Думаю, колеги-адвокати погодяться, що навіть незважаючи на юридичну простоту справ про розірвання шлюбу, Advocates should be carefully designed their relationship with customers as carefully as possible, who want to break marriage. Especially, If the customer is abroad. Who knows – can, After the marriage is dissolved, the plaintiff will change his mind, After all 15 millions of hryvnias.