- Apostille on the court decision on divorce in Ukraine
- Documents required for apostilization of a court decision on divorce in Ukraine
- The procedure for affixing an apostille to a court decision on divorce in Ukraine
- Terms of apostille affixing on a court decision in Ukraine
- What to do if the apostille is denied in Ukraine?
Apostille on the court decision on divorce in Ukraine
In the article “Apostille on a court decision on divorce” I will tell you what documents are required to apostilize a court decision on divorce, what is the procedure for affixing apostille on a court decision on divorce, what are the terms for affixing an apostille on a court decision, what to do if the apostille is denied …
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Documents required for apostilization of a court decision on divorce in Ukraine
As you know, the apostilization procedure has been established for the countries participating in the Hague Convention, which cancels the requirement for legalization of foreign official documents of 1961.
The apostille stamp implies a confirmation of the legality of a court decision made by a competent court if it is necessary to use it outside of Ukraine.
In order to file a court decision on divorce for apostille, you must apply to the Ministry of Justice of Ukraine with an identity document of the applicant (passport), the original court decision and a receipt for payment of services for the provision of services for affixing the apostille or the original document that confirms the right to exemption from payment in accordance with the procedure established by law.
An authorized person of the Ministry of Justice of Ukraine draws up an application in electronic form and issues a stub confirming that the application has been accepted for consideration. A similar procedure is provided for when affixing the apostille stamp on the documents of the registry office.
The procedure for affixing an apostille to a court decision on divorce in Ukraine
The procedure for affixing an apostille to a court decision on divorce is:
- acceptance of an application and a receipt for payment of the apostilization procedure / a document exempting from payment for services;
- analysis of the adopted court decision for compliance with the requirements for affixing the apostille stamp;
- verification of compliance of the signature of the person who signed the document;
- checking the seal imprint on the court decision;
- affixing an apostille to a court decision if all requirements and criteria are met;
- registration of the court decision on which the apostille is affixed.
After the apostille is affixed on the divorce decision, the applicant is called to receive the documents. If the applicant cannot appear in person, he has the right to authorize another person to receive documents by drawing up a notarized power of attorney.
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, international divorce lawyer, divorce procedure, divorce without children, divorce without documents, divorce without presence, divorce without consent, divorce from a pregnant woman, divorce in another city, divorce from the Crimean registration.
Terms of apostille affixing on a court decision in Ukraine
Based on the norms of the legislation, it should be noted that the term for consideration and affixing of an apostille on a court decision is 2 working days.
However, in practice, there are often cases when the period for consideration of documents is significantly increased in the framework of compliance with the law:
- up to three working days, if the Ministry of Justice of Ukraine is processing a large number of documents submitted for apostille at the same time;
- if the employees of the Ministry of Justice responsible for affixing the apostille are physically unable to consider all requests for valid reasons;
- up to twenty working days, if additional receipt of a sample signature or seal is required;
- if the authenticity of the judgment raises suspicion.
What to do if the apostille is denied in Ukraine?
What to do if the documents are denied apostille? The question is reasonable, but it should be understood that any refusal must be made in writing, certified by the signature and seal of the official and the competent authority.
Such a refusal can always be challenged or the document should be brought into proper form, based on the requirements specified in the official refusal letter of the Ministry of Justice of Ukraine.
According to the normative legal act governing the procedure for affixing an apostille on foreign official documents dated 11.11.2015, it refuses to affix an apostille if:
- the country that plans to use the divorce judgment has not signed the 1961 Hague Convention.
- the judgment has mechanical damage and the text is not readable;
- the court decision is written / signed in pencil, or received by fax;
- the Ministry of Justice of Ukraine is not authorized to affix an apostille to this court decision;
- the judge’s signature or the seal on the court decision does not correspond to the samples available in the Ministry of Justice of Ukraine / has a fuzzy image.
Based on practice, the most common reason for refusing to affix an apostille to a court decision on divorce is a judge’s signature or a stamp on a court decision does not correspond to the samples available in the Electronic Register of Apostilles of the Ministry of Justice of Ukraine / have a fuzzy image or the signature of another judge is affixed to the court decision.
The Ministry of Justice of Ukraine, when affixing an apostille, establishes the requirements on the court decision, establishes the requirements, namely, the court decision must contain:
- three seals of the court;
- three signatures of the judge;
- three signatures of the court clerk.
If you were denied an apostille affixing on a court decision and you do not know how to get a court decision (for an article on how to get a court decision), contact a competent divorce lawyer Alexei Nikolayevich Skriabin!
The lawyer will find out the reasons for the refusal and quickly bring the necessary divorce documents in accordance with the legal requirements necessary for affixing the apostille stamp.
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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