Apostille on a court decision on divorce in Ukraine
What is apostille stamp on documents in Ukraine?
Increasingly, in practice, it becomes necessary to confirm the authenticity of documents outside the state in which they were issued. Apostille is placed in order for the necessary documents to have legal force in the framework of international relations.
The apostille is affixed on the basis of the Hague Convention, which abolishes the requirements for legalization of foreign official documents of 1961. Thanks to the generally recognized agreements, the procedure for legalizing documents for citizens of the participating countries is more simplified.
In accordance with Article 5 of the Convention, an apostille is a special stamp on official documents that certifies the authenticity of the signature, the quality in which the person who signed the document acted, the authenticity of the seal or stamp that affixes this document.
In Ukraine, the affixing of an apostille is also regulated by the Rules for affixing an apostille on official documents intended for use on the territory of other states. These rules are approved by the Order of the Ministry of Foreign Affairs, Ministry of Education and Science, Ministry of Justice of Ukraine dated December 5, 2003, No. 237/803/151/5.
Who affixes the apostille in Ukraine?
Depending on the type of document, the apostille is affixed:
- the Ministry of Foreign Affairs;
- Ministry of Justice;
- Ministry of Education.
In accordance with the rules, the apostille is affixed to:
- documents of the judicial authorities of Ukraine, the prosecutor’s office, justice;
- administrative documents;
- documents on education and academic titles;
- documents drawn up by public and private notaries;
- on official certificates that are executed on documents signed by persons in their private capacity, such as official certificates of registration of a document or fact that existed on a specific date, and notarization of signatures.
Apostille on a court decision on divorce is affixed by the Ministry of Justice of Ukraine in accordance with the Order on Approval of the Procedure for Apostille in the Ministry of Justice of Ukraine on official documents intended for use on the territory of other states, and preparation by the Ministry of Justice of Ukraine of notarized documents for further consular legalization dated 11.11.2015 No. 2268/5.
Apostille on a court decision on divorce is affixed at the request of the person in respect of whom the court decision on divorce was made or any other bearer of the document.
Apostille on the court decision on divorce in Ukraine
The apostille is affixed to the original of the court decision on divorce (notarized copy) on a separate sheet, which is sewn to the main document and sealed with three seals.
It should be noted that a court decision, including a court decision on divorce, is one of the documents that the Ministry of Justice of Ukraine most often refuses to apostille the first time and not because they are biased towards this procedure, but because it is to the documents of the courts that various requirements that also seem insignificant at first glance.
Often, after unsuccessful attempts to independently apply to the Ministry of Justice of Ukraine to stamp a court decision on divorce, citizens resort to the services of a divorce lawyer in Ukraine, having previously spent a lot of time and resources.
Being engaged in full support of the divorce proceedings, the family lawyer takes a comprehensive approach to each stage of preparing divorce documents, and even more so to the procedure for apostille a court decision on divorce. In case of refusal to apostille a court decision on divorce, the lawyer submits an application to the court for the direction of the decision (drawn up for affixing an apostille in the Ministry of Justice of Ukraine) and thus seeks to affix the apostille on time.
As a rule, one apostille is affixed on the original of the court decision on divorce or on its notarized copy.
However, in a number of countries (Spain, Italy, Switzerland, Austria, Belgium, France, Great Britain, Portugal, the Netherlands) a double apostille is used. Its essence lies in the fact that the apostille is affixed both on the original of the court decision on divorce, and on its translation, which is then certified by a notary and provided for affixing the apostille at the Ministry of Justice of Ukraine.
At first glance, the procedure for affixing an apostille to a court decision on divorce is quite simple, but nevertheless it has its own nuances and difficulties.
Terms and procedure for affixing apostille on a court decision on divorce in Ukraine
The court decision on divorce, filed for affixing an apostille, is considered by the Ministry of Justice of Ukraine.
Based on the results of consideration of the application and the very decision of the court on divorce, an official of the Ministry of Justice of Ukraine affixes an apostille or refuses to affix it, using the software for maintaining the Register, a corresponding electronic document with the imposition of his own qualified electronic signature and affixing a qualified electronic seal of the Ministry of Justice to the document Ukraine.
Apostille affixing on a court decision on divorce, refusal to affix it is carried out within 2 working days.
If it is necessary to obtain a sample of the judge’s signature, an imprint of the court’s seal, as well as in case of doubts about the reliability of the information contained in the court’s decision on divorce, the period for considering an application for apostille can be extended to 20 working days.
You can count on with confidence that we will make sure that the procedure for affixing an apostille to a court decision on divorce is carried out as soon as possible. Having many years of experience, the divorce lawyer Alexey Nikolayevich Skryabin will take care of all the worries regarding this procedure, and you will receive a ready-made court decision with an apostille, which is legally binding in the required country.
Contact the family lawyer Alexey Nikolayevich Scriabin in a convenient way and affixing an apostille to the court decision on divorce will not be a problem for you!
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