✅ File for divorce from a foreigner

File for divorce from a foreigner

File for divorce from a foreigner in Ukraine

Our family lawyers are often asked the following questions: How to dissolve a marriage with a foreigner? How to dissolve a marriage contracted abroad? How to get a divorce without the consent of one of the spouses?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “File for divorce from a foreigner” 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.

Divorce from a foreigner in Ukraine

Divorce between citizens of Ukraine is different from a divorce from a foreigner. First of all, this is due to regulatory documents, according to which the procedure for terminating a marriage in a particular case is determined. So, in case of divorce of Ukrainians, the fundamental document is the Family Code of Ukraine. In the event of a divorce from a foreigner, first of all, the provisions of the Law of Ukraine “On Private International Law” are taken into account.

According to the legislation, any citizen of Ukraine has the right to dissolve a marriage on the territory of his native country and according to its laws. This applies to both cases of divorce between citizens of one country, and cases of divorce with a foreigner.

Divorce from a foreigner without his presence in Ukraine

In practice, a divorce from a foreigner is similar in procedure to a divorce between Ukrainians. However, there are some peculiarities. The main one is the increased incidence of divorce without the presence of a foreigner.

To a large extent, this is due to the high cost of transportation costs to resolve this issue. Moreover, the time required to dissolve a marriage in a foreign country is also important. That is why the service of divorce from a foreigner is nowadays fully adapted to resolve the issue of divorce without the presence of a spouse.

In case of divorce through the registry office with a foreigner, the main conditions remain:

  • the absence of common minor children among the spouses (divorce without children);
  • the presence of a mutual desire to divorce (divorce by mutual consent).

Subject to both the first and second requirements, Divorce through the registry office with a foreigner becomes possible even without the physical presence of the spouse.

To do this, it is necessary to give the foreign spouse a statement that he will need to sign, notarize and legalize in the country where he is. After that, the notarized application for divorce should be handed over to the second of the spouses (Ukrainian) so that he can submit it to the registry office.

At the same time, already in Ukraine, it is mandatory to translate this statement into the state language and certify it with a notary. This statement, together with the statement of the Ukrainian spouse, will be the basis for the dissolution of the marriage of the spouses in Ukraine.

In the event that a foreign spouse is forced, for a good reason, to be absent not only from filing an application, but also from obtaining a divorce certificate, an application for divorce without being present should also be submitted along with the application for divorce.

This statement must also be certified by a notary and legalized for Ukraine. It must be filed along with the application for divorce or within a month after that.

Divorce from a foreigner when there are children in Ukraine

If you need to file a divorce from a foreigner in the presence of common minor children, then it is important to remember that this can be done exclusively in court, because a divorce with children makes it impossible to implement the process itself through the registry office.

Divorce from a foreigner with children is possible in two ways:

  1. The first way is by filing a general application for divorce. At the same time, special attention should be paid to the execution of a notarized agreement of the spouses on who will raise the children, what role the parent living separately will play in the development and life of the child. Moreover, it is also necessary to conclude an agreement on the amount and payment of child support.
  2. The second way is by filing a statement of claim with a request to dissolve the marriage. In the statement of claim, you must indicate the reasons for your decision in such a way that the representatives of the judiciary do not have doubts about the rationality of the decision.

In both the first and second cases, the divorce process can be complicated by the court’s requirement to provide additional documents. Moreover, each case of divorce from a foreigner in the presence of children is not considered routinely, and therefore requires a particularly careful approach.

Proceeding from this, during a divorce from a foreigner in the presence of children, the help of a divorce lawyer is becoming increasingly popular. Thanks to the knowledge gained over many of the cases reviewed, an experienced lawyer will help you draw up the documents properly so that the process of divorce from a foreigner does not take much time.

Moreover, if necessary, a good family divorce lawyer will be able to take care of all the issues of divorce from a foreigner in the presence of children, which will significantly save your finances and time on the way to achieving the desired goal.

Divorce application from a foreigner in Ukraine

The application for divorce from a foreigner is different for each specific case.

This could be:

  • joint application for divorce with a foreigner at the registry office;
  • joint application for divorce from a foreigner in the presence of children in court;
  • a statement of claim for divorce from a foreigner in court.

Each of these three types of claims requires a responsible approach. Based on practice, not every person who sincerely wants to get a divorce can legally draw up an application right the first time.

That is why we recommend contacting professionals who will help you file an application for divorce from a foreigner in the presence of children or without children as competently as possible. After all, this important step plays an essential role in determining the duration of the divorce process itself.

Alien Divorce Family Lawyer in Ukraine

To effectively resolve a divorce case from a foreigner, 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;
  • will provide legal support for 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 foreigner.

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 on the road to success in resolving a divorce case from a foreigner is to contact good family lawyers!

If the article “File for divorce from a foreigner” was useful to you, please 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 foreigner.

Frequently Asked Questions to a Family Lawyer in Ukraine

What legal provisions should be followed when divorcing a foreigner?
How does a divorce from a foreigner take place through the registry office?
In what cases can a marriage be dissolved without a trial?
Do I need the personal presence of the Client in court?
What documents are needed to initiate family litigation?
Is it possible to dissolve a marriage with a foreigner, or if one of the spouses lives abroad?
What is your experience with family affairs?
What is the cost of legal services in your company?
What is the cost of consulting a family lawyer?
Is it possible to pay for your services based on the result of resolving the issue?
Where is your office located and how do you work?

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Useful site materials advokat-skriabin.com:

  1. Divorce from a pregnant wife
  2. Divorce in another city
  3. Divorce in Ukraine with Crimean registration
  4. Divorce for IDPs from Donetsk and Lugansk
  5. Divorce online through the court and the registry office
  6. Divorce by mutual consent
  7. Turnkey divorce without the presence of a spouse
  8. Divorce from children through court
  9. File a divorce from an imprisoned husband
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Checked by Victoria on 23.06.21

ADVEGO

divorce 42 4.44
foreigner 32 3.38
divorce by a foreigner 28 2.96 / 5.92
Statement 21 2.22
family 15 1.59
child 14 1.48
lawyer 12 1.27
case 10 1.06
marriage 9 0.95
statement divorce 9 0.95 / 1.90
Ukraine 9 0.95
application for divorce by a foreigner 8 0.85 / 2.54
availability 8 0.85
solution 8 0.85
family lawyers 8 0.85 / 1.69
foreigner stock 7 0.74 / 1.48
divorce by a foreigner 7 0.74 / 2.22
spouse 7 0.74
question 6 0.63
foreigner having children 6 0.63 / 1.90
children present 6 0.63 / 1.27
it 6 0.63
divorce by a foreigner having children 6 0.63 / 2.54
document 5 0.53
assure 5 0.53
registry office 5 0.53
a lot 5 0.53
may 5 0.53
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submit 5 0.53
presence 5 0.53
process 5 0.53
termination 5 0.53
divorce 5 0.53 / 1.06
also 5 0.53
legal 5 0.53
together with statement 4 0.42 / 0.85
all 4 0.42
required 4 0.42

Checked by Victoria on 05/17/21

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SKRIABIN
What legal provisions should be followed when divorcing a foreigner?
Divorce between citizens of Ukraine is different from a divorce from a foreigner. First of all, this is due to the regulatory documents, according to which the divorce procedure is determined in a particular case. So, in case of divorce of Ukrainians, the fundamental document is the Family Code of Ukraine. In the event of a divorce from a foreigner, first of all, the provisions of the Law of Ukraine "On Private International Law" are taken into account.
How does a divorce from a foreigner take place through the registry office?
To do this, it is necessary to give the foreign spouse a statement that he will need to sign, notarize and legalize in the country where he is. After that, the notarized application should be transferred to the second of the spouses (Ukrainian) so that he can submit it to the registry office.
In what cases can a marriage be dissolved without a trial?
It is possible to dissolve a marriage in the registry office only in the absence of children and with the consent of both spouses. Otherwise, the marriage is terminated by the court.
We will accompany the divorce proceedings in court independently and as soon as possible.
Do I need the personal presence of the Client in court?
No. We value the time of our Clients and accompany turnkey litigations without their participation. As a result, you receive a court decision that has come into force, which resolves your legal issue.
What documents are needed to initiate family litigation?
For the preparation and submission of documents to the court, only a copy of the Client's passport is sufficient. The rest of the documents, if necessary, are obtained (restored) by our lawyers.
Is it possible to dissolve a marriage with a foreigner, or if one of the spouses lives abroad?
Yes. We will accompany the dissolution of your marriage with a foreigner as soon as possible. Also, in the absence of one of the parties to the marriage in Ukraine, our lawyers will accompany the divorce proceedings without the participation of the Client and / or his spouse.
What is your experience with family affairs?
Our law firm has been successfully practicing in the legal services market since 2007.
What is the cost of legal services in your company?
The cost of services depends on the complexity and specifics of a particular family business. Our prices are affordable, competitive and always payback for our Clients.
What is the cost of consulting a family lawyer?
Initial consultation is provided free of charge.
Detailed consultation of a lawyer (up to 30 minutes) - from 300 UAH.
Is it possible to pay for your services based on the result of resolving the issue?
Yes. We, unlike other law firms, practice phased payment for services. The final settlement is only based on the result of the provision of legal services.
Where is your office located and how do you work?
We provide legal services remotely, online and in person at:
69000 Zaporozhye, Cathedral Avenue 91, office 12 (Reference point: stop "Small Market", cinema "Zirka")
Opening hours: Mon.-Fri. 08-00 to 20-00, Sat. 11-00 to 15-00.
Pre-appointment for a consultation:
+38 (066) 777 37 33
+38 (097) 403 73 05
(Viber, WhatsApp, Telegram)