- Divorce with a foreigner in Ukraine
- Apply for divorce with a foreigner through the court in Ukraine
- Divorce with a foreign citizen, judicial practice in Ukraine
- How to file for divorce if the husband is abroad in Ukraine?
- How to legalize a marriage with a foreigner abroad in Ukraine?
- Divorce with a foreigner without his presence in Ukraine
- Divorce with a foreigner with children in Ukraine
Divorce with a foreigner in Ukraine
In the article “Divorce with a foreigner” I will tell you how to file a statement for divorce with a foreigner in the court, how to file a divorce if the husband is abroad, how to legalize a marriage solemnized with a foreigner abroad, how to divorce a foreigner without his presence in Ukraine and how does a divorce proceed with a foreigner if you have children.
Be sure to read the article “Divorce with a foreigner” on the website advokat-family.com.ua to the end and learn a lot of interesting things about divorce from a foreigner.
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Apply for divorce with a foreigner through the court in Ukraine
Divorce from a foreigner in court is carried out on the basis of Art. 28 of the Civil Procedure Code – claims against the defendant – a foreigner without his presence, whose place of residence or staying is unknown, are filed at the place of location of the defendant’s property or at the last known registered place of his residence or staying or his permanent occupation (place of work).
A statement of claim on the issue of divorce with a foreigner without his presence, and who does not have a place of residence or staying in Ukraine, is possible to be filed at the location of his property or at the last known place of registration of his residence or staying.
Divorce with a foreign citizen, judicial practice in Ukraine
Taking into account the provisions of the Code of Civil Procedure, the statement should be submitted at the place of residence or registration of the foreign defendant, it is necessary to determine the territorial jurisdiction of the divorce case with a foreigner, residing outside the state, without his presence.
The jurisdiction of cases of divorce without presence, if both parties reside outside of it, as well as cases of divorce between a citizen of Ukraine and a foreigner or stateless person, is determined by a judge of the Supreme Court, determined in the manner prescribed by Article 33 of the Civil Procedure Code.
How to file for divorce if the husband is abroad in Ukraine?
In all these cases, in order to resolve the issue of divorce without the presence, the parties can also turn to the jurisdictional authorities of their host state, however, in a situation where they consider that it is necessary to appeal to Ukrainian justice, they should apply to the Supreme Court, whose judge will single-handedly determine the jurisdiction of such a case.
After the Supreme Court has determined the competent court, authorized to resolve the issue of divorce with the husband who is not present, it is necessary to draw up and submit a statement of claim and a package of documents that should be added to such a statement.
With the help of a family lawyer, you can significantly save your time and protect yourself from unnecessary negative emotions, as the divorce process is carried out without your participation and presence.
Due to many years of experience, the lawyer Alexey Nikolayevich Skryabin will state all the client’s claims quickly and competently, taking into account the declared interests.
How to legalize a marriage with a foreigner abroad in Ukraine?
In order to legalize a foreign marriage, it is enough to affix an apostille on the foreign marriage document in the country where the marriage was concluded and translate such a document with an apostille into Ukrainian, and to certify the translation in a notary.
A similar procedure is carried out on the territory of Ukraine. After registering a marriage, in order to use a marriage certificate outside the state, it is necessary to submit documents and a statement to the Ministry of Justice and affix the apostille on the document in accordance with the provisions of the Hague Convention.
Divorce with a foreigner without his presence in Ukraine
Procedural rights and obligations for foreigners, stateless persons, foreign legal entities are determined by the Constitution, existing international treaties, laws of Ukraine (Law of Ukraine “On Private International Law”, Law of Ukraine “On Enforcement Proceedings”, Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons and etc. “).
A condition of the participation of foreigners in divorce cases without being present on the territory of Ukraine is that they have procedural legal capacity and procedural capacity, which is determined in the manner prescribed by the Law of Ukraine “On Private International Law”.
Thus, the Constitution enshrines the principle of the national legal regime for foreigners, thus, they have procedural rights and obligations on an equal basis with individuals, citizens of Ukraine.
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.
Divorce with a foreigner with children in Ukraine
If a citizen of Ukraine and a foreigner have common minor children, divorce is formalized only through the court.
In this case, it is imperative to determine the territorial jurisdiction of the case and the statement for divorce with a foreigner without being present.
According to Article 76 of the Law of Ukraine “On Private International Law”, the courts can take into their proceedings and consider cases of divorce with a foreigner in the presence of minor children in the following cases:
- if the defendant over the case has a place of residence or location on the territory of Ukraine;
- if the cases deals with payment of alimony or the establishment of paternity, and the plaintiff has a place of residence in the state;
- in other cases, determined by the Law of Ukraine and international treaties.
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.
If you have a need for advice or paid services of a lawyer, then contact the messengers listed in the contacts section.
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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