Divorce from a foreigner in Ukraine

Dissolution of marriage with a foreigner in Ukraine

What are the features of a divorce from a husband with a foreigner in Ukraine?

Registration of a divorce from a foreign husband is characterized by the following features, which are regulated by Ukrainian law:

• You can file for divorce from a foreigner husband within the country;
• You can file a divorce from your husband, a foreigner outside your country.

What is the most beneficial way to file for divorce from a foreigner in Ukraine?

For persons who are Ukrainian citizens, it is often more profitable to file for divorce from a foreigner husband in the territory of their native country. This is due to the following factors:

• the terms of the divorce proceedings are shorter;
• the amount of the court fee is more acceptable than in other countries;
• the cost of services of a qualified family lawyer is lower than abroad.

An experienced lawyer will help you file for divorce from a foreigner and file it as soon as possible.

What are the conditions for divorce from a foreigner outside Ukraine?

The procedure for divorcing a marriage abroad between a Ukrainian citizen and a foreigner, as well as between Ukrainian citizens, presupposes compliance with additional procedures:

• you need to legalize documents, that is, affix an apostille;
• make translation of documents;
• register documents with the state authorities of Ukraine, in accordance with the procedure for divorce.

The implementation of these procedures requires additional material and time costs, and entails a series of bureaucratic issues.

Legislation regarding registration of a divorce from a foreign husband in Ukraine

Dissolution of marriage with a foreigner in our country is regulated by the following Ukrainian legislative documents:

• The main legislative document – the Constitution;
• Family Code;
• The Civil Procedure Code;
• The Law “On International Private Law”.

Is it possible to file for divorce in Ukraine from a foreigner without his presence ?

One of the reasons why it is possible to complicate the divorce process with a foreigner is his absence in our country. However, a divorce from a foreigner without his presence is possible.

There are also a number of nuances here that should be noted:

• this procedure takes more time;
• a foreigner who is outside the country can submit a notarized statement of his consent to divorce to the court at the place of registration of the divorce;
• a claim regarding a divorce from a person who does not have a place of residence in our country (or his place of residence is unknown) can be filed at the place where his property is located or at the last place of his residence / stay;
• the application must indicate that the foreigner’s new place of residence is unknown or it is impossible to visit him;
• the foreign defendant must be notified of the filing of the claim, the place and date of the consideration of the case, but he can send a notarized permission to consider the case without his presence.

If your husband is a foreigner, then a divorce from him is possible with the participation of his representative, acting on the basis of a lawyer agreement on the provision of legal assistance.

Jurisdiction over cases of divorce from foreigners in Ukraine

Registration of divorce proceedings with a foreigner within our country presupposes the primary need to determine territorial jurisdiction. This point is very significant, since the filing of a claim for divorce must be in the court that has the authority to start a divorce case.

The establishment of jurisdiction today is carried out by the Supreme Court. The basis for determining the jurisdiction is a petition submitted by the plaintiff or a lawyer. An experienced family lawyer will help you determine your territorial jurisdiction and will act in your sole best interest.

The jurisdiction of cases, in accordance with Ukrainian legislation, is determined by a decision of a judge of the Supreme Court in the following situations:

• when a divorce is necessary for Ukrainian citizens residing abroad on a permanent basis;
• when a divorce is needed by a Ukrainian citizen and a foreigner, and they live abroad;
• when a divorce is needed by a Ukrainian citizen and a stateless person, and they live abroad.

How to divorce a foreigner if you have children in Ukraine?

If the family has a child or several children, and one of the married couple is a foreigner, then the divorce proceedings can only take place in court. If you have children from a foreign husband, then you can file a lawsuit for divorce at your place of residence.

Divorce from a foreigner without his presence in Ukraine

When divorcing a marriage with a foreigner, it is often difficult to come to Ukraine to participate in the divorce proceedings. Our lawyers have extensive experience in the field of divorce between Ukrainian citizens.

We also successfully completed divorces of Ukrainian citizens with citizens of such countries: Canada, America, Russia, Belarus, Italy, Spain, France, Australia, Austria, Bulgaria, England, Hungary, Germany, Belgium, Kazakhstan, Georgia, Latvia, Lithuania, Azerbaijan, Netherlands, Poland, Czech Republic, Switzerland, Sweden, Armenia, Argentina, Brazil, Greece, Colombia, Mexico, Norway, Finland, Serbia, Uzbekistan, etc.

We can quickly conduct divorce proceedings without the presence of the plaintiff / defendant, representing your interests in court.

What international documents regulate the procedure for divorce from a foreigner in Ukraine?

International treaties determine the procedure for communication of courts in case of a divorce from a foreign citizen, in order to properly notify a divorce from a foreigner. An example of such a document is the 1956 Hague Convention on the Service of Judicial and Extrajudicial Documents Abroad.

In addition to these documents, the regulation of the divorce process with a foreigner is carried out by international documents that have been ratified by the Verkhovna Rada of Ukraine.

An example of such a document is the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of January 22, 1993, a bilateral agreement on legal assistance between Ukraine and a country of which one of the couple is a citizen

How to choose the right lawyer to file for divorce from a foreigner in Ukraine?

The choice of a lawyer when registering a divorce is one of the most important issues. This is due to the fact that such a divorce process requires special attention, the need for knowledge and subtleties of Ukrainian and international legislation in the field of divorce.

Incompetence in the matter of divorce from a foreigner can lead to the fact that the trial will be lengthy and will require significant material costs. Saving on the services of a foreign divorce lawyer, you run the risk of getting an unsatisfactory result.

To speed up the divorce process with one of the married couples who is a foreigner, the assistance of a lawyer who has knowledge and competence in the field of divorce is required.

Useful site materials divorce.com.ua:

1. Divorce in court without the presence of a spouse
2. Divorce online in Ukraine
3. Divorce from a foreigner in Ukraine
4. Divorce from a prisoner in Ukraine
5. Consent divorce through court in Ukraine
6. Divorce from a pregnant wife in Ukraine
7. Divorce without documents in Ukraine
8. Divorce in other city in Ukraine
9. Turnkey divorce in Ukraine
10. Divorce abroad in Ukraine