✅ Divorce from a foreign citizen in Ukraine

Divorce from a foreign citizen in Ukraine

Divorce from a foreign citizen in Ukraine

Our family lawyers are often asked the following questions: How to register a marriage with a foreigner abroad? Obstacles to registering a marriage with a foreigner? Can a marriage be registered before the expiration of one month after filing an application for its registration?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “Divorce from a foreign citizen in Ukraine” and, if you have any questions, seek legal advice from our family lawyers and lawyers who will provide you with legal services in family matters.

Methods for divorce from a foreign citizen in Ukraine

There are two public authorities authorized to dissolve a marriage with a foreign citizen in Ukraine, both with his presence and without his presence:

  • MARRIAGE REGISTRY;
  • court.

A divorce through a registry office with a foreign citizen has a simplified procedure compared to a divorce through a court, but it is not possible in all cases. A prerequisite for contacting the registry office for a divorce from a foreign person is not only the absence of common children under the age of 18, but also the desire of both the husband and wife to officially break off relations (even without being present at the divorce procedure).

Registration of a divorce from a foreign citizen for each specific case has its own procedure, taking into account which body is authorized to dissolve the marriage.

Main legislative projects:

  • The Family Code (hereinafter referred to as the UK) and the Rules for the Registration of Acts of Civil Status (hereinafter referred to as the “Rules”) in case of divorce from a foreign citizen through the registry office;
  • Investigative Committee of Ukraine and the Civil Procedure Code (hereinafter CPC) in case of divorce from a foreign citizen through a court.

Divorce through court with a foreign citizen in Ukraine

Divorce through the courts is regulated by two codes:

  • UK of Ukraine;
  • GPK of Ukraine.

According to the Family Code of Ukraine, the factor that determines divorce in court is:

  • unwillingness of one of the spouses to file for divorce;
  • the existence of joint children under the age of 18.

Depending on the circumstances, a statement of claim and a joint one can be filed with the court.

The duration of the divorce proceedings is different for each specific case, as it depends on many factors, the most significant of which are:

  • active actions of a foreign citizen aimed at preventing divorce;
  • qualification of a lawyer representing your interests with the possibility of divorce without the presence of the client.

Registration by the registry office of divorce in court in Ukraine

The result of a divorce proceedings with a foreign citizen in court is a court decision. The marriage itself is considered to be dissolved only after the entry into force of this decision, namely, 30 days after its adoption.

That is why the grounds for registering a marriage do not appear immediately after the decision is made by the court, but only after a regulated time.

Registration of divorce is carried out in the registry office, regardless of where the divorce took place and whether there was a presence of a foreign citizen. According to the “Rules”, after the entry into force of the court decision on the divorce, the representatives of the judiciary send the documents to the registry office, after which the divorce is registered.

Divorce through the registry office with a foreign citizen in Ukraine

According to Articles 106 and 107 of the IC of Ukraine, a divorce from a foreign citizen can be carried out on the basis of one of two types of applications:

  • joint;
  • one-sided.

The first type of statements implies not only the desire of both spouses to officially break off relations, but also the absence of common minor children.

While unilateral can be considered as the basis for divorce through the registry office, if the second of the spouses:

  • missing person;
  • incompetent.

The procedure for registering a divorce in the registry office in Ukraine

According to the UK, registration of a divorce from a foreign citizen takes place within a month after the application is filed.

This month stands out in order to avoid divorce amid emotional impulsiveness. If within a month none of the spouses changes their decision, then the divorce is registered.

Divorce registration implies the preparation by the registry office of an act of divorce in two copies, as well as the entry of statements into the State Register of Civil Status Acts. The procedure has a strict order, which you can familiarize yourself with by studying the “Rules”.

Registration of divorce takes place on the basis of the spouses’ application for divorce through the registry office and does not require any additional actions on their part.

Divorce can take place both in the presence of both spouses, and without the presence of one of them, for example, a foreign citizen.

If a foreign citizen cannot be present at the filing of an application or the procedure for registering a divorce, then it is necessary to additionally fill out an application with a request to make a divorce without being present.

Difficulties in registering a divorce with the registry office in Ukraine

Despite the fact that the procedure for registering the dissolution of a marriage with a foreign citizen is strictly regulated by the relevant legislative projects, in practice difficulties can often be encountered.

The first thing to consider is that, for some reason, during a divorce through a court, the documents may not get to the registry office to register the divorce. That is why, after the entry into force of the court decision on divorce, we recommend that you personally verify the registration of the divorce by the registry office and, if necessary, take action.

The second thing you need to know is the probability of making mistakes when registering the fact of divorce by the registry office. You can learn more about this in the article “Errors in the documents of the court and registry office in case of divorce”

Divorce registration while abroad in Ukraine

In practice, there are often cases when a spouse or one of the spouses, after registering a marriage, leaves the country in which the marriage was concluded. In this case, if it is necessary to dissolve the marriage, the question “Where and how to dissolve the marriage while outside Ukraine” becomes relevant.

That is why every year the service of a lawyer “Turnkey Divorce” is becoming more and more popular, which allows you to achieve divorce without personal presence. All you need to do is to conclude an agreement with a lawyer on the provision of legal assistance, on the basis of which he will be able to represent your interests in the divorce proceedings, even without the personal presence of the client.

Working with a divorce lawyer allows you to:

  • avoid psychological stress;
  • to save time;
  • get 100% result!

Taking into account the knowledge gained in the field of family law, a lawyer will be able to adequately represent your interests and achieve divorce with a foreign citizen, even in the most difficult situations. Divorce registration will take place without any difficulties for you. All you need to do is just get the relevant documents.

Legalization of documents on divorce from a foreign citizen in Ukraine

In case of divorce through the registry office of documents, which serves as confirmation of the fact of the divorce and its registration by the registry office, the divorce certificate is a certificate of divorce, while in case of divorce through the court:

  • court decision (confirming divorce);
  • an extract from the State Register (confirming the registration of a divorce).

To be able to use these documents outside of Ukraine, the country where they were issued, it is necessary to go through their legalization. The conditions of legalization are set by each country separately, however, for most countries, affixing an apostille serves as a confirmation of the authenticity of documents. A family lawyer will help you to affix an apostille taking into account all the rules and regulations. He will do this without your presence as soon as possible, guaranteeing legal literacy during legalization.

Family lawyer in cases of divorce from a foreign citizen in Ukraine

To effectively resolve the case of a divorce from a foreign citizen in Ukraine, you should contact professional family lawyers.

Divorce lawyer:

  • provide legal advice on family matters;
  • will help to determine the best option for solving a family case;
  • prepare all the necessary documents;
  • accompanies the course of the entire trial.

Our family lawyers will do everything necessary for a quick and high-quality completion of a legal case!

Contacting us is a way to save time and money in resolving the issue of divorce from a foreign citizen in Ukraine.

If you do not know how to do the right thing to decide the case in your favor – write or call our family lawyers!

The first step towards success in resolving a divorce case from a foreign citizen in Ukraine is to contact good family lawyers!

If the article “Divorce from a foreign citizen in Ukraine” was useful for you – like it. We will provide you with the most relevant and useful information in the field of family law, as well as on new changes in the legislation of Ukraine regarding divorce from a foreign citizen in Ukraine.

Useful site materials advokat-skriabin.com:

  1. Quick divorce in Ukraine
  2. What documents are needed for a divorce?
  3. Application for divorce through the court and through the registry office
  4. International Divorce Lawyer
  5. Divorce procedure through the court and the registry office
  6. Divorce procedure without children
  7. Divorce without documents in Ukraine
  8. Divorce without the presence of a spouse
  9. Divorce without the mutual consent of the spouses
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