The Committee on Youth and Sports recommends to the Verkhovna Rada to return the draft law No. 5492 On amendments to Art. 110 and 111 of the Family Code for revision to the subject of the right of legislative initiative.
The draft law proposes to exclude parts two-four of Article 110 of the Family Code of Ukraine, which regulate the impossibility of filing a lawsuit for divorce during the wife's pregnancy and within one year after the birth of the child and to supplement Article 111 of the Family Code of Ukraine: "In the event that the cause of divorce is signs of domestic violence, regardless of the outcome of civil, criminal or administrative cases of domestic violence, the measures provided for in part one of this article shall not be applied by the court."
The members of the Committee support the proposed amendments to Article 111 of the Family Code of Ukraine and consider it necessary to amend Article 110 of the Family Code of Ukraine on the unconditional prohibition of filing for divorce during the wife's pregnancy and within one year after the birth of the child, and giving one spouse the right to sue in cases of domestic violence.
At the same time, the Committee members agreed with the position of the author of the Family Code of Ukraine, MP of Ukraine of the third convocation, Professor Zoryslava Romovska, that the law on the impossibility of bringing an action for divorce during the wife's pregnancy and for one year after the birth of the child is aimed at protecting both the child's right to a family and the protection of the woman.
Committee members also stressed that the period of the first pregnancy and the first months of a newborn's life is a difficult ordeal for a couple, and the simplification of the divorce procedure will lead to more divorces and single-parent families.
Thus, in the opinion of the members of the Committee, the bill needs significant refinement, namely, while maintaining the ban on filing a lawsuit for divorce during the wife's pregnancy and for one year after the birth of the child, it is necessary to provide for an expansion of the list of cases in which it is permissible to file a lawsuit.
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