In recent years, due to objective reasons, namely, increased migration of the population, free entry and exit of citizens outside Ukraine, the development of business and personal contacts, the number of marriages of Ukrainian citizens with foreigners has increased.
Marriage with a foreigner requires special attention and regulation, both before marriage with a citizen of another state, and after entering into such a marriage.
If you are just thinking about entering into such a marriage, then you will probably have a number of the following questions:
1. Where to apply if you want to register a marriage with a foreigner?
2. What documents must be submitted to register a marriage with a foreigner?
List of documents for registration of marriage with a foreigner
In order for your marriage to be registered, for a foreign citizen it is necessary to submit the following documents to the state registry office:
- declaration of desire to marry;
- identity card (passport);
- certificate of residence;
- certificate of absence of obstacles to marriage;
- court decision on divorce (extract from it);
- certificate of marital status.
Documents that are subject to legalization and apostille.
For a citizen of Ukraine:
- passport (which will not have a marriage stamp);
- declaration of intent to marry.
We will advise you on all matters of marriage, both in Ukraine and abroad, between citizens of Ukraine and foreigners (stateless persons), between foreigners (stateless persons), and we will also assist in registering a marriage in Ukraine.
Marriage in Ukraine can be between:
- a citizen of Ukraine and a foreigner;
- a citizen of Ukraine and a stateless person;
- foreigners;
- stateless persons.
In this case, when entering into a marriage in Ukraine, the form and procedure for entering into a marriage will be determined by the law of Ukraine.
At the same time, we note that it is also possible to marry in a consular office or diplomatic mission. If the marriage between citizens of Ukraine (if at least one of them lives outside Ukraine) is concluded in a consular office or a diplomatic mission of Ukraine, then the law of Ukraine will apply. If a marriage between foreigners is concluded in a consular office or a diplomatic representation of the respective states in Ukraine, then the law of the accrediting state will apply.
If you are a citizen of Ukraine and wish to marry a foreigner or a stateless person outside Ukraine in accordance with the law of a foreign state, while planning to return to Ukraine and want such a marriage to be valid in Ukraine, then for you, a citizen of Ukraine, it is necessary compliance with the requirements of the Family Code of Ukraine regarding the grounds for the invalidity of marriage. For example, if you got married in a country where polygamous marriages are allowed, such a marriage will not be recognized in Ukraine, because according to Ukrainian legislation, a marriage concluded with a person who is in a registered marriage is considered invalid in Ukraine.
But as for foreign citizens, marriage between foreigners, marriage between a foreigner and a stateless person, marriage between stateless persons, concluded in accordance with the law of a foreign state, is valid in Ukraine, regardless of the requirements of Ukrainian legislation for the validity of marriage. Also, when entering into a marriage with a foreigner, you may want to conclude a marriage contract. In this case, the parties to the marriage contract may choose the law applicable to the marriage contract.
Most disputes arise regarding the legal consequences of a marriage concluded with a foreigner, and these are:
- property relations of spouses;
- termination of marriage;
- recognition of marriage as invalid;
- establishment and appeal of paternity;
- rights and obligations of parents and children;
- maintenance obligations;
- adoption;
- maintenance of relatives and other family members.
Difficulties arise in determining the law that will govern the above relations. Indeed, in the case of marriage with a foreigner, the situation is complicated by the fact that you and your children have citizenship of different countries, property in different countries, and even the place of residence does not always coincide.
All these issues are regulated by Ukrainian legislation, but this does not mean that in the case of, for example, a divorce from a foreigner, the norms of a foreign state governing divorce will coincide with the norms of Ukrainian legislation. As a consequence - protracted litigation, the uncertainty of the status of spouses, their children and property.
In order to avoid such unpleasant situations, it is necessary to consult with a lawyer in advance on all issues of the correct registration of a marriage with a foreigner, as well as hypothetical situations that may arise during the period of stay in such a marriage or in the event of a divorce. Each situation is individual and depends on many factors, primarily on the law of the state of the foreign spouse. If you have already found yourself in such an unpleasant situation, our lawyers will help you cope with it and find the best way out.
As a general rule, according to Ukrainian legislation:
Legal Consequences of Marriage
The legal consequences of marriage shall be determined by the general personal law of the spouses, or, in the absence thereof, by the law of the state in which the spouses had their last joint domicile, provided that at least one of the spouses still has a domicile in that state, or, in the absence of such, by the law with whom both spouses have a closer relationship in some other way. The spouses may choose the law to be applied to the legal effects of the marriage if they do not have a common domicile or if the personal law of one of them does not coincide with the law of the State of their common domicile. The choice of law agreement terminates when the personal law of the spouses becomes common.
Termination of marriage
The termination of a marriage and the legal consequences of the termination of a marriage are determined by the law currently in force regarding the legal consequences of marriage.
Property relations
Property relations of spouses. The spouses may choose to regulate the property effects of marriage by the law of the personal law of one of the spouses or by the law of the state in which one of them has his habitual residence or, in respect of immovable property, by the law of the state in which the property is situated. The chosen law does not apply or is changed by agreement of the parties in the event of a change in the personal law or habitual residence of the spouse whose personal law or habitual residence was linked to the chosen law. The new law applies to legal relations from the moment of marriage, unless otherwise established by the spouses in writing. In the absence of a choice of law by the spouses, the property consequences of marriage are determined by the law that applies to the legal consequences of marriage. The agreement of the parties on the choice of law, which is concluded in Ukraine, must be notarized.
Paternity
Establishment and appeal of paternity is determined by the personal law of the child at the time of his birth.
Rights and obligations
The rights and obligations of parents and children are determined by the child's personal law or by a law that is closely related to the relevant relationship and if it is more favorable for the child.
Content Commitment
Maintenance obligations arising from family relations are governed by the law of the State in which the person entitled to maintenance has his/her domicile. If the person entitled to maintenance is unable to obtain it in accordance with the right defined above, the law of their general personal law shall apply. If the person entitled to maintenance is still unable to receive it, the law of the state in which the person obliged to provide maintenance has his place of residence shall apply.
The maintenance requirement for relatives and other family members (other than parents and children) cannot be satisfied if, in accordance with the law of the place of residence of the person obliged to provide maintenance, such maintenance obligation does not exist.
Adoption
Adoption and its revocation are governed by the personal law of the child and the personal law of the adopter. If the adoptive parents are spouses who do not have a common personal law, then the law governing the legal consequences of marriage shall apply. A person's ability to be an adoptive parent is determined in accordance with his personal law. The legal consequences of adoption or its termination are determined by the personal law of the adopter. Supervision and registration of adopted children are carried out in accordance with the personal law of the child.
