- Dissolution of a marriage solemnized abroad in Ukraine
- Dissolution of a marriage registered abroad in Ukraine
- Divorce from a foreigner and registration of a court decision on divorce abroad in Ukraine
- Apostille on a court decision on divorce in Ukraine
- Translation of documents on divorce and notarization for their use abroad in Ukraine
Dissolution of a marriage solemnized abroad in Ukraine
In the article “Dissolve a marriage contracted abroad” I will tell you how does a divorce registered abroad proceed, is it possible to divorce a foreigner and to register a court decision on divorce abroad, how to affix an apostille on a court decision on divorce and where to translate documents on divorce and to notarize them for use abroad.
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Dissolution of a marriage registered abroad in Ukraine
Registration of marriage abroad is becoming more and more common among citizens of Ukraine. The trend to marry abroad is popular among the younger population. Future spouses dream of a wedding in an unconventional style, in local color of overseas countries.
However, in joyful moments, no one thinks about the possible legal consequences that lie in wait for a young family in the future.
But what to do if the spouses have come to a decision to divorce or there are grounds for divorce? In this case, a completely logical question arises – how to dissolve a marriage solemnized abroad?
The procedure of divorce between the citizens of Ukraine who have married abroad does not particularly differ from the dissolution of a marriage registered on the territory of Ukraine.
Dissolution of a marriage solemnized abroad takes place through the registry office or through the court, depending on the life circumstances of the couple.
In order to apply to the civil registration authority / to the court on the issue of divorce, you should provide a package of necessary documents. In the list of documents, a marriage certificate is required. In order for a state body to be able to dissolve a marriage solemnized abroad, the document should be properly legalized in the country where the marriage was registered in accordance with international treaties and conventions ratified by Verkhovna Rada of Ukraine.
If your document is legalized, it is the subject of consideration in any state authority, it is enough just to translate it into Ukrainian and notarize it.
Divorce from a foreigner and registration of a court decision on divorce abroad in Ukraine
The procedure of getting a divorce from a foreigner is more time-consuming compared to the dissolution of a marriage between citizens of one state, however, understanding the legal norms in practice is much easier. It is worth noting that divorce from a foreigner involves referring to the norms of the Law of Ukraine “On Private International Law”. This law provides that the termination of a marriage with a foreigner occurs on the basis of the right of citizenship of the spouses / one of them, the rights of the state in which the spouses create a family and lived on a permanent basis, the rights of the state to which the spouses are related.
The law regulates the issue of territorial jurisdiction in cases of divorce involving a foreign element. The norms of the Law establish that the courts of Ukraine accept for consideration cases in which the defendant is a foreigner has a place of residence or staying, as well as movable / immovable property within the territory of Ukraine.
In order to determine which court is competent to consider a case with the participation of a foreigner, it is necessary to consider the provisions of the Civil Procedure Code.
The correct definition of territorial jurisdiction is the key to success in the consideration of a divorce case.
We recommend that you familiarize yourself with the website of the family lawyer Scriabina D.S. also with the following topics: divorce, alimony, division of spouses’ property, deprivation of parental rights, divorce from children, divorce from a prisoner, divorce from a foreigner, divorce through a registry office, divorce through a court, court decision on divorce, divorce certificate, terms of divorce, cost services for divorce.
Apostille on a court decision on divorce in Ukraine
After the entire divorce process has been left behind, it is worthwhile to promptly notify the competent authorities of the state where the marriage was solemnized about that fact that the marriage was dissolved.
Dealing with the issue of divorce comprehensively, the lawyer takes into account all the details and nuances of each case. In the case of a foreign marriage, the family lawyer will timely send an apostilled court decision on divorce to the place of registration of the marriage.
If you are engaged in divorce process without the involvement of legal experts, then you need to understand that getting a divorce decision in the court office is not enough to use this document outside of Ukraine. You should personally ensure that the documents are sent timely to certify the fact of the termination of the marriage.
However, in order to recognize the legality of the judgment, it is necessary to go through the apostilization procedure. Such a procedure is provided for the use of documents in countries that have signed the Hague Convention, which abolishes the requirement of legalization of foreign official documents dated 05.10.1961.
Translation of documents on divorce and notarization for their use abroad in Ukraine
Translation of divorce documents, as well as their notarization, follows from the need to use such documents abroad. Translation of documents on divorce from Ukrainian into the language of the country where the documents will be presented / sent is used in order to save money and time.
In addition, based on the Procedure for affixing an apostille in the Ministry of Justice of Ukraine on official documents intended for use on the territory of other states, and the preparation of notarized documents for further consular legalization by the Ministry of Justice of Ukraine, some countries require that divorce documents have a double apostille.
Accordingly, for this, it is necessary to affix an apostille on the court decision / divorce certificate, then translate the document and translate the apostille, certify the translation with a notary and affix the apostille on the translation. However, there is no need to hurry, but it is better to figure out in international documents and the requirements of individual countries concerning the legalization / apostilization of documents.
It is important to note that marriage with a foreigner in provides a similar procedure for legalizing a marriage certificate in order to further use of the document abroad.
Contact the divorce lawyer Alexey Nikolayevich Scriabin in a convenient way and the dissolution of a marriage solemnized abroad will be quick and comfortable for you!
The team of the family lawyer Alexey Nikolayevich Scriabin will provide various services in translation, apostilization and sending of documents, taking into account the necessary requirements of the member states of the Hague Convention.
Consulting a professional divorce lawyer is a guarantee of your success. Contact the lawyers of our company in any way convenient for you – call or write to messengers. We will help you resolve your issue quickly and efficiently.
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If you have any questions, then write them to us by e-mail skriabinadvokat@gmail.com and I will definitely answer you.
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