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Rechtliche Unterstützung bei Migrationsfragen für Ukrainer in der Ukraine und im Ausland

KAUFEN

Modern conditions, in particular emigration and stay of Ukrainians abroad, force many to look for ways to resolve legal issues remotely. One such problem is divorce.

If both or one of the spouses is outside Ukraine, this is not an obstacle to divorce, as the process can be conducted through the court without physical presence in the country.

We will tell you how to do this, what procedures you should know and what you need to prepare - further in the article.

How to get a divorce in Ukraine while abroad?

For those who are abroad, divorce in Ukraine is carried out exclusively through a court. This applies to both simplified proceedings, when both spouses agree to divorce, and cases where one of them does not consent.

Participation in the trial is not required, as a lawyer can represent your interests in court on the basis of a power of attorney.

Timeframe for consideration of the case

In general, the trial in divorce cases can take three to four months. This includes:

• 60 days - the approximate timeframe for consideration of a case in a simplified proceeding. In some cases, the decision may be made faster or take longer, depending on the court's workload and other factors.

• 30 days - additional time for the court decision to enter into force, which is provided for possible appeal.

In general, the process takes about 90 days. However, it is important to understand that these timeframes are indicative and may vary depending on the complexity of the case and the work of the judiciary.

You do not need to attend court hearings in person. Your interests in court may be represented by a lawyer. To do this, you need to issue a power of attorney to the lawyer, which will give him or her the right to act on your behalf in the divorce process. This is especially convenient for those who are outside of Ukraine and are unable to attend court hearings in person.

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What if one of the spouses does not agree to the divorce?

If one of the spouses does not agree to the dissolution of the marriage, this is not an obstacle to divorce. The Constitution of Ukraine guarantees that marriage is based on the free consent of both parties, and coercion to marriage is prohibited. Therefore, even in the absence of the consent of one of the partners, the court may still decide to dissolve the marriage if it is proved that the marital relationship has actually been terminated. In such cases, the timeframe for consideration may be slightly extended due to the need for additional evidence or testimony.

Submitting documents to a court abroad

Ukrainian law allows you to submit documents to the court remotely, which is a great advantage for those who are outside the country. There are several ways to file a statement of claim:

• Through the court office with the help of an authorized representative. In this case, a lawyer can physically file documents with the court on your behalf.

• Via the court's e-mail. A statement of claim can be sent by e-mail if it is certified by an electronic digital signature (EDS). This greatly simplifies the process of filing documents for those who have access to an EDS.

• The Electronic Court subsystem. This service allows you to file a claim online through the official portal, which is the most convenient way for those who own digital tools.

Documents required to file a claim

To file a claim with the court, you will need the following documents:

- A statement of claim to the court demanding divorce.
- Copies of the plaintiff's passport and RNOKPP (identification code).
- Copies of the defendant's passport and RNOKPP (identification code) (if any).
- A marriage certificate.
- A copy of the birth certificate of the child(ren), if the spouses have children together.
- A copy of the statement of claim with attachments for the defendant (this copy will be sent to the other party).
- Receipt of payment of the court fee. The amount of the court fee for 2024 is UAH 1211.20.

Divorce with children and property issues

If the spouses have children together or have unresolved property issues, this may affect the length and complexity of the divorce process. Issues related to child custody, alimony, and property division may be considered together with the divorce petition or in a separate proceeding.

To resolve custody issues, the court takes into account the interests of the child and the conditions in which the children will live after the divorce. Property issues can be resolved on the basis of a prior agreement between the spouses or through court proceedings.

The cost of divorce

In addition to the court fee of UAH 1211.20, you should consider the cost of a lawyer's services if you plan to entrust your case to a professional. The cost of services may vary depending on the complexity of the case, the experience of the lawyer and the region where the case is being conducted.

We would like to remind you that Visit Ukraine lawyers provide qualified legal assistance to Ukrainians abroad, in particular in matters of divorce, paperwork, property disputes and other legal procedures. An individual approach to each case allows you to effectively resolve legal issues even without a personal presence in Ukraine. Contact our lawyers by following the link to get up-to-date information and support in resolving your issues!

Want to know more? Read the latest news and useful materials about Ukraine and the world in the News section.

Ihor Usyk is the Head of Legal Department at Visit Ukraine

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