Dissolution of marriage with a foreigner in Ukraine

Dissolution of marriage with a foreigner in Ukraine

Divorce with a foreigner in Ukraine

Divorce with a foreigner in Ukraine

Hello! In this article I will tell you about the most popular ways to dissolve a marriage with a foreigner on the territory of Ukraine.

There are two ways to apply for divorce with a foreigner on the territory of Ukraine:

  • divorce through the registry office;
  • divorce through the courts.

Divorce with a foreigner through the registry office in Ukraine

Divorce with a foreigner through the registry office in Ukraine

Dissolution of a marriage with a citizen of a foreign state through the registry office is possible only if the spouses do not have common minor children and both spouses agree to dissolve the marriage.

That is, the conditions for divorce through the registry office for Ukrainian citizens and for divorce from a foreigner are the same.

If a citizen of a foreign state is outside the territory of Ukraine and cannot come to submit such an application to the registry office, then the procedure for divorce through the registry office is changed to a judicial procedure.

The divorce proceedings through the registry office lasts only one month. This month is given to a married couple to make the final decision on divorce. If one of the spouses changed his mind and changed his mind to dissolve the marriage, then he can take the application from the registry office.

The document confirming the divorce through the registry office is the divorce certificate.

But if the spouses have common minor children or one of the spouses does not have the physical ability to come to the territory of Ukraine, then it is imperative to go to court.

Therefore, for married couples where one of the spouses is a foreigner, divorce with minor children is possible only in court.

The most common question is which court to submit an application to if the foreigner is not registered on the territory of Ukraine.

Elena Litvinenko
Family lawyer
On the basis of Article 28 of the Civil Procedure Code of Ukraine, divorce from a foreigner can take place under an alternative jurisdiction.

Filing a claim for divorce with a foreigner in Ukraine

Filing a claim for divorce with a foreigner in Ukraine

Thus, claims for dissolution of marriage with a foreigner may be brought at the place of residence of the plaintiff if:

  • the plaintiff is dependent on minor or minor children;
  • the state of health of the plaintiff does not allow him to leave the place of residence of the defendant;
  • the spouses have agreed on a place for the dissolution of the marriage, or there are other valid reasons.

In this case, the plaintiff must attach to the statement of claim documents confirming the impossibility of his stay in court at the place of residence of the defendant.

The lack of a permanent residence address in Ukraine

The lack of a permanent residence address in Ukraine

In case of divorce from a foreigner who does not have a permanent place of residence on the territory of Ukraine, claims may be filed at the location of his property or at the last known place of his residence.

In case of divorce with a foreigner who does not have a permanent place of residence on the territory of Ukraine, claims for divorce may be filed at the location of his property. In the absence of property, a claim can be filed at the last known place of residence or on the territory of Ukraine.

In this case, this place could be your own way of living.

First of all, you need to prepare a statement of claim for divorce, attach marriage certificates, copies of birth certificates of children, if any.

Here it is important to correctly draw up a statement of claim, correctly indicate the information about the plaintiff and the defendant, and precisely indicate the reasons for the dissolution of the marriage. The outcome of the divorce case from a foreigner depends on the correctness of the preparation of the statement of claim. If you make a statement incorrectly, or indicate inaccurate or incorrect information, the court may leave your statement of claim without consideration. Accordingly, the duration of divorce with a foreigner will increase.

You will have to re-collect the documents and make adjustments to the claim.

Good attorneys do not recommend using the online claim templates. This is due to the fact that they become outdated, legislation changes.

Therefore, we recommend that you contact a family lawyer who will help you correctly and accurately write an application for divorce in court and prepare all the documents necessary for this.

You also need to add a receipt for the payment of the court fee and all the evidence you have on which the claims stated in the application are based.

The court fee for filing a statement of claim for divorce in 2021 is UAH 908

The document certifying the fact of divorce with a foreigner will be a court decision on divorce, which has entered into legal force.

Alexey Nikolaevich Scriabin
Family Lawyer, Head of a Law Firm
If you have any questions or need advice, call or write to any messenger (Viber, WhatsApp, Telegram). Our lawyers will advise you online.

A court decision on divorce is an important and necessary document that you will need to enter into a subsequent marriage, registration of movable and immovable property, registration of guardianship or adoption of children.

It is also important to remember that a divorce from a foreigner can be complicated by national characteristics, the mentality of a foreign spouse. Disputes and conflicts between spouses can not always be resolved without outside interference. Turning to a family lawyer for help in resolving a divorce case from a foreigner is a guarantee that the case will be resolved in a legal way.

Do not delay the dissolution of marriage with a foreigner, contact our law firm advokat-family.com.ua and our lawyers will help you resolve issues in the field of family law.

Frequently asked questions to a lawyer in Ukraine

Frequently asked questions to a lawyer in Ukraine

Is it possible to divorce a foreigner through the registry office if he is at the border?
In what case is it possible to file a claim for divorce at the address of the plaintiff?
What to indicate in the statement of claim if the whereabouts of the foreign spouse is unknown?

Useful site materials advokat-family.com.ua:

  1. How to apply for divorce online
  2. Dissolution of marriage without the consent of the husband
  3. Divorce in a closed court session
  4. Divorce with a prisoner
  5. Divorce without presence
  6. Divorce through the court without children
  7. How to return a maiden (premarital) surname after a divorce
  8. Terms of the divorce
  9. State registration of divorce
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