Before you start a divorce process with a foreigner, you need to determine in which country the divorce procedure will take place in order to navigate the laws of which country will need to be guided in this process. It is also necessary to legalize the documents required for such a procedure. Because many documents in case of divorce from a foreigner can be issued abroad.
But spouses can live in another country, but at the same time be citizens of the state of Ukraine. Then, regardless of where their place of residence is, the process of their divorce is guided by the laws of Ukraine.
If the husband and wife are citizens of different countries, then the procedure in this case is different. Then the procedure and laws that govern the divorce process are established by the country where the spouses have lived together recently. It is obligatory that one of the spouses at the same time permanently resides in the country where the spouses lived together recently.
If citizens of Ukraine living abroad want to get a divorce, then they need to contact the consulates of our country that exist abroad.
But citizens of Ukraine living in another country can also dissolve a marriage through a court, in which case the judicial body that will consider their case is determined by the Supreme Court of Ukraine.
During the divorce process, the spouses do not just find out interpersonal relationships, this is not a quarrel for one day or an excuse not to talk for a week. This is a legal action that is important from a legal point of view.
The purpose of this article is to attempt to provide answers to such questions that may arise in the course of this action.
Dissolution of marriage in the territory of our state is regulated by the Basic Law. The same purpose is served by the Family Code of Ukraine, which covers issues of family relations. It was adopted on January 10, 2002. And its second part, article 105, indicates that the marriage is considered invalid at the time of its dissolution. And the norms of the same article determine that in our country there are three ways to dissolve a marriage.
And the first of these cases is an administrative divorce, which is carried out by the Civil Registry Office, when a divorce is announced by mutual consent of both spouses or based on the application of one of them.
A marriage may be considered dissolved on the basis of a mutual application of the spouses by a court decision. The same decision can be made by the court on the basis of the application of only one of the spouses. As for the methods of divorce described above, the main role here is played by the presence of children in the spouses. who have not reached the age of majority. If people who are married do not have common children, then they can simply submit an application to the registry office, then their marriage will be dissolved without any problems within a month. Such a marriage will be considered dissolved even in that case. when there are property disputes and disagreements between the spouses.
But the presence of common children does not give the spouses the right to divorce administratively. They can do this only in the courtroom. This is necessary in order to protect the interests of children. When the spouses decide to dissolve the marriage through the court, they also need to attach an agreement in writing along with the application for divorce, which states with whom and where their children will live and which of the spouses will take part in ensuring their life. Also, in such a statement, it is necessary to indicate the conditions under which the other parent will take part in the upbringing of children and how he will communicate with them.
The court within a month can decide on a divorce if there are no mutual disagreements between the spouses and if the rights of the children are fully taken into account.
There may be a situation where one of the spouses is considered missing or declared incompetent, or he has committed a criminal offense for which he was sentenced for more than three years. Then such a marriage can also be terminated without a trial, but simply on the basis of an application from the other spouse, which he submits to the registry office.
To dissolve a marriage between citizens of Ukraine and on the territory of Ukraine, it is not necessary to use the services of a family lawyer. But if the marriage is dissolved with a foreign citizen, then in most cases it is simply necessary to use the help of a lawyer who deals with divorce proceedings.
You can cooperate with a lawyer at the level of counseling or rely on him completely in this situation. Because unexpected problems may arise here, which will be difficult to deal with without legal support.
To start a conversation about such processes, you need to determine the status in which foreign citizens stay on our territory. Article 2 of the Law of Ukraine “On the Legal Status of Foreigners on the Territory of Ukraine” of 1994 states that foreign nationals who reside on our territory may have the same rights and obligations as our citizens. Therefore, they can, on an equal footing with citizens of Ukraine, take part in the divorce proceedings.
But, is it necessary for a foreigner to come to Ukraine in order to personally participate in the divorce procedure? Such an action is desirable, but there may be options for another way to resolve the situation if there are good reasons for the impossibility of the personal physical presence of a foreign citizen.
Of course, spouses who do not have children submit an application to the administrative body by mutual agreement. But the law provides for a situation where one of the spouses, due to his absence due to a long business trip, illness or living far from the place of termination of the brother, cannot personally take part in the joint statement, then the second spouse can do it instead. But then he must certify his application with a notary at the place of his residence and transfer such a paper to the place of divorce. This is stated in the Family Code.
The law also states that one of the spouses who lives in Ukraine must deliver the required application form to the other spouse who is located elsewhere. In response, the spouse who received the sample must fill out this paper in the language of the country in which he lives, certify it with the signature of a notary public and subject it to legalization. Then he sends her to Ukraine. A spouse who lives in Ukraine must translate this document, certify it with a notary and submit it to the registry office. This statement serves as a guide to action and is noted in the act of dissolution of marriage. It should be noted that a person who lives abroad must give his consent in writing to the divorce, which will take place without his presence. Such consent must be sent to them together with the application or within one month. He must also indicate the administrative body where he can send a document that indicates that his marriage has been dissolved.
A written application sent by a foreign person must be certified by a lawyer. Therefore, the spouse from Ukraine must be sent to the latter both a sample application for divorce and a sample application for divorce. that the marriage be dissolved without the participation of the latter in this procedure. For the same purpose, the spouse of a foreigner is informed about that his signature must be certified by a lawyer and that he legalize it for our country.
When the Ukrainian spouse receives applications, he must adapt them into Ukrainian and, in turn, certify with a notary and submit them to the registry office for divorce.
In the second case of divorce, when the matter is decided through the court, the main thing is that the spouses agree among themselves on who will support. Provide education and shelter for children. They must discuss the amount of alimony, and it must be mandatory certified by a notary seal and signature.
As can be seen from the article, in order to start and successfully carry out the divorce procedure, a lot of documents and papers are required. A person who is a participant in such a process is not easy morally. Therefore, a divorce lawyer can act as a reliable companion and beacon in the divorce process. It will help to prepare the necessary documents and save your moral and economic resources.
I. If the marriage is dissolved on the basis of the first part of Article 110 of the Family Code, that is, after one of the spouses has filed a lawsuit, then the foreign spouse must be entrusted with a lawyer to act as his representative in court.
Readers may have a question about the possibility of divorce proceedings in Ukraine if the spouses live abroad. The option, in which one spouse or two spouses arrive in Ukraine for the dissolution of a marriage, is inappropriate, as it involves the loss of financial and time resources.
In their case, it will be normal if they dissolve the marriage, according to the laws of the country in which they currently live.
If they need to recognize the marriage as invalid in Ukraine, then they only need to legalize a divorce document of a foreign sample at the consulate of Ukraine. In addition to those states with which Ukraine has an agreement on the abolition of such legalization.
An important addition to this article, I would like to write that the Family Code does not require additional documents to be submitted to the court, then there may be situations. When the court may require such additional papers. In this regard, it will be very useful to get a lawyer’s advice before the divorce proceedings or completely entrust this matter to an experienced lawyer who can save your mental and material resources, as well as time.
Therefore, before registering a marriage with a foreigner, you need to answer yourself the question of where it is better to get a divorce. No one is immune from such an outcome of the situation. And in general, if you are ready for something, then this does not happen.
