- Divorce abroad in Ukraine
- How to file for divorce in Ukraine when one of the spouses is abroad?
- Divorce in Ukraine with a husband who is abroad
- Leaving abroad for divorce registration in Ukraine
- Taking a child abroad for divorce with the husband in Ukraine
- How to get a divorce in Ukraine if the husband has left abroad?
- Is it possible in Ukraine to dissolve a marriage abroad through the embassy?
Divorce abroad in Ukraine
In the article “Divorce Abroad” I will tell you how to file for divorce when one of the spouses is abroad, how to get a divorce from a husband who is abroad, is it possible to travel abroad to formalize a divorce, how to take a child out of the country for divorce with the husband, how to get a divorce, if the husband has gone abroad, is it possible to dissolve the marriage abroad through the embassy.
Be sure to read the article “Divorce Abroad” on the website advokat-family.com.ua to the end and learn a lot of interesting things about divorce abroad.
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How to file for divorce in Ukraine when one of the spouses is abroad?
In order to file for divorce, it is necessary to determine the territorial jurisdiction of the case.
That is, which particular district court is competent to consider a particular divorce case when one of the spouses – the husband – went abroad.
To do this, it is necessary to consider the norms of the Civil Procedure Code, Art. 27 – claims against an individual for divorce of spouses are brought to court at the place of his residence or stay registered in the established manner, unless otherwise provided by law.
If the husband is a citizen of Ukraine and wants to go to court on the issue of divorce, but one of the spouses has gone abroad and does not want to come to Ukraine, in this case, he has an opportunity to contact a family lawyer who has experience in the field of family disputes and who is able to represent and protect the interests of the client.
Divorce in Ukraine with a husband who is abroad
So that the family lawyer was able to submit the claims of the husband fully or to defend the interests of the defendant of the divorce case when one of the spouses has gone abroad, the person should sign an agreement with the lawyer on the provision of legal assistance in accordance with the Law of Ukraine “On the Bar and advocacy “.
On the basis of the aforementioned law, a lawyer has legal rights to obtain all necessary documents, re-issued certificates, to make inquiries to state authorities, if necessary, without the participation of a spouse and without drawing up a notarized power of attorney on the provision of services for the purpose of formalizing a divorce of one of the spouses who went abroad.
Leaving abroad for divorce registration in Ukraine
If one of the spouses is a man, and he is on the territory of Ukraine, and the other part left abroad, it is possible to dissolve of marriage, but only through the court. To do this, you should pay attention to the territorial jurisdiction.
In order to avoid mistakes in determining jurisdiction of a divorce case, the best solution would be to contact a competent family lawyer, but you can independently examine the norms of family law, guided by the Code of Civil Procedure.
If the husband has traveled abroad, and his whereabouts are unknown, you should refer to paragraphs 9, 10 of Art. 28 of the Code of Civil Procedure, where it is stated that:
- Claims against the defendant, whose place of residence or staying is unknown, are presented at the location of the defendant’s property or at the last known registered place of his residence or staying or his permanent occupation (work).
- Claims against the defendant who does not have a place of residence or staying in Ukraine may be presented at the location of his property or at the last known place of registration of his residence or staying in Ukraine.
Divorce of one of the spouses – the husband, is possible with or without children, because the issues of raising and maintaining children are usually resolved in a separate court proceeding.
Taking a child abroad for divorce with the husband in Ukraine
The participants of the divorce case who left abroad have the right to participate in the court session by videoconference outside the court premises if the court has the appropriate technical capability, which the court indicates in the decision about opening proceeding on the case, unless the appearance of this participant in the case in the court session was recognized by the court as compulsory.
A participant of the case who has left abroad submits a statement for participation in the court session on the divorce case by videoconference outside the courtroom no later than five days before the court session. A copy of the statement within the same period is sent to the other participants of the case.
Thus, if the husband submitted a claim to the court for divorce with the wife who is abroad, the wife don’t need to arrive and to take the child out to draw up the necessary documents as a defendant, it is enough to contact a family lawyer who will represent the client’s interests on the basis of a legal assistance agreement .
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 lawyer, quick divorce, documents for divorce, application for divorce, international divorce lawyer, divorce procedure, divorce without children, divorce without documents, divorce without presence, divorce without consent.
How to get a divorce in Ukraine if the husband has left abroad?
It is possible to formalize a divorce, if the husband has left abroad, at the registered place of residence or staying of the plaintiff, provided that:
- on his dependents are infant or minor children;
- he cannot, for health reasons or for other valid reasons, arrive to the place of residence of the defendant;
- by agreement of the spouses, the case can be considered at the registered place of residence or staying of one of them (wife or husband).
Is it possible in Ukraine to dissolve a marriage abroad through the embassy?
The jurisdiction of cases when spouses are the citizens of Ukraine and have left abroad, as well as in cases of divorce between a citizen of Ukraine and a foreigner or stateless person living outside of Ukraine, is determined by a judge of the Supreme Court of Ukraine in accordance with the established Civil Procedure Code, and determined by the judge personally.
In any case, if both of the spouses have left abroad and have a permanent place of residence there, then they can apply for divorce to the competent authorities in the host state or still apply to the judicial authorities of Ukraine.
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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