How to prove the fact of living as a family in Ukraine? Practical advice from a family lawyer

In Ukrainian law, family culture goes far beyond traditional notions of registered marriage and blood relations. People who run a joint household, have a joint budget, support each other and have mutual obligations can be considered a family, regardless of the existence of official documents confirming family ties.

Although most often this refers to establishing the fact of cohabitation between a man and a woman without formalising their relationship, family law is not limited to this case. The court may prove family relations: recognise brothers or sisters, and even persons without any family ties, as a family if they actually shared a life together.

Why is it necessary to establish the fact of living together as a family?

Legal confirmation of cohabitation may be required in various life situations, for instance, for inheritance, division of jointly acquired property between persons who were not officially married (joint shared property), loss or inability to restore documents confirming family relations, application for social benefits and material assistance.

Where can you go to establish this fact?

To establish the fact of cohabitation as a family, you should apply to a civil court. Such cases are subject to special proceedings. This means that you are not filing a lawsuit, but rather an application to establish a fact that has legal significance.

Your application should clearly state what fact you are requesting to be established and for what purpose, i.e. what legal consequences you want to achieve. For example, that it is necessary to receive an inheritance or a one-time financial assistance.

Which court should you apply to?

According to Article 316 of the Civil Procedure Code of Ukraine, the application is submitted to the court at your place of residence.

What evidence is needed to establish the fact of cohabitation?

The most important part of the process is gathering evidence. You need to convincingly prove to the court that you really lived as a family.

Evidence that you lived as a family may include:

• Witness statements (neighbours, relatives, friends)

• Certificates of registration at the same address

• Utility bills

• Receipts for repairs and purchases for the home

• Contracts for various services

• Contracts between individuals

• Wills

• If you have children together, this is also strong evidence

It is important to understand that holiday photos, money transfers or participation in celebrations do not per se prove the existence of a family relationship. 

A comprehensive approach and various pieces of evidence are required, which together will convincingly prove the fact of cohabitation. Therefore, the more evidence you have, the better, but even if you do not have some of the evidence listed, this does not mean that the case cannot be won.

Court fees

When submitting an application, you must pay court fees. The amount is 0.2 of the minimum subsistence level for employable persons, established at the beginning of the current year. 

If you need to establish the fact of cohabitation as a family, or simply need qualified advice from a family lawyer, contact us right now via CHAT or by phone, and the lawyers of our legal centre will provide you with qualified assistance!