Scheidung von einem Ausländer in der Ukraine: Handlungsalgorithmus und rechtliche Besonderheiten

Die Scheidung von einem ausländischen Staatsbürger hat ihre eigenen rechtlichen Besonderheiten und erfordert die Einhaltung bestimmter Verfahren in der Ukraine. Erfahren Sie alles über die rechtlichen Möglichkeiten zur Auflösung einer internationalen Ehe, die erforderlichen Dokumente und mögliche Schwierigkeiten im Prozess

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In today's globalized world, international marriages are becoming increasingly common. However, due to cultural differences, differences in traditions and values, such unions often end in divorce. We will discuss the peculiarities and legal aspects of divorce from a foreign citizen in Ukraine in the article below.

We told you how Ukrainians can get married abroad in this article.

Legal regulation of divorce from a foreigner

When divorcing a citizen of another state in Ukraine, the following provisions apply:

● The Family Code of Ukraine

● The Civil Procedure Code of Ukraine

● The Law of Ukraine “On Private International Law”

● International treaties on legal assistance

It is important to note that the termination of a marriage is governed by the law of the state where the spouses had their last joint residence, if one of the spouses still resides in that country. At the same time, Ukrainian law allows for the dissolution of a marriage on the territory of the state, even if it was concluded outside of Ukraine.

How to divorce a foreigner in Ukraine?

Ukrainian law provides for two main ways to divorce a foreign citizen:

1. Divorce through the registry office - possible under the following conditions:

● No minor children together

● Mutual consent of the spouses to divorce

● The ability of at least one of the spouses to appear in person at the registry office

2. Divorce through the court - applies if:

● The spouses have minor children together

● There is no consent of one of the spouses to the divorce

● It is impossible to obtain the consent of one of the spouses

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Features of the procedure for divorce from a foreigner through the registry office

When divorcing through a registry office, you must appear at the office together and fill out an application. You must have your identity documents and marriage certificate with you. A month after the application is submitted, the marriage will be dissolved.

Submitting an application to the registry office is possible even if the foreigner is outside Ukraine and cannot be present in person. In this case, the algorithm of actions will be a little more complicated:

1. One of the spouses applies to the registry office on his/her own and fills out his/her part of the divorce application and sends the half-filled document to the foreigner.

2. The foreigner must translate the application into his or her native language, fill out his or her part, notarize the document and send the documents back to Ukraine.

3. The document received in Ukraine must be translated into Ukrainian again and notarized.

4. The completed application together with the package of documents must be submitted to the registry office.

5. A month later, after the documents are accepted, you will be able to obtain a divorce certificate.

Please note! If a foreigner cannot or does not want to come to Ukraine to file an application or participate in the divorce process, he or she must additionally provide written consent to the divorce and notarize it.

How to divorce a foreigner through the courts?

When divorcing through the courts, it is important to take into account the jurisdiction of the case and some of the peculiarities of the trial itself.

A lawsuit can be filed in court:

● at the place of citizenship or residence of one of the spouses

● by agreement of the spouses

● by order of the Supreme Court (if both spouses live outside Ukraine).

If both parties agree to divorce, the spouses must determine the conditions of living and child support and submit a standard package of documents to the court: a written consent and an application for divorce. If one of the parties is outside Ukraine, the documents must be notarized and sent by mail.

Please note! After a court decision is made, a divorce certificate is not issued. In this case, the fact of marriage termination is confirmed by the court decision.

In addition, when divorcing a foreigner, it is important to check the existence of international agreements on legal assistance between countries (and, if necessary, take into account its specifics), the nuances of the legislation of the foreign citizen's country and the possibility of recognizing a Ukrainian divorce decision in another country.

For example, the agreements concluded between Ukraine and Poland require that a Polish citizen divorce a Ukrainian citizen only through Polish courts.

What to do if a foreigner is against divorce?

Ukrainian law provides for the possibility of divorce at the initiative of one of the spouses. To do this, you need to file a divorce petition with the court. However, this must be done at the place of residence of the defendant (i.e., the party opposing the divorce). If a foreigner resides outside Ukraine, an application may be filed at the plaintiff's place of residence in the following cases:

● if the plaintiff has minor or underage children as dependents

● if it is impossible to travel to the defendant's place of residence due to health or other valid reasons,

● if the spouses have agreed on the place of filing the application.

Due to the complexity of the procedure for divorcing a foreigner, it is recommended to contact a professional lawyer who:

● Advise on the specifics of the procedure

● Help you to properly prepare, translate and legalize documents

● Take into account all international aspects of the case

Get advice from a migration lawyer to effectively resolve your issues.

We remind you! For Ukrainians living abroad, divorce in Ukraine is possible without personal arrival in the country, thanks to a court hearing at a distance. Read more about the conditions of divorce and what documents are required in our previous article.

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