Divorce abroad in Ukraine

Divorce abroad in Ukraine

Divorce abroad in Ukraine

Divorce abroad

Divorce procedure abroad through consulate in Ukraine

The procedure for divorce abroad through the consulate is regulated by the Instruction on the procedure for registering acts of civil status in diplomatic missions and consular offices, approved by the Order of the Ministry of Justice of Ukraine on 01.06.2001 under No. 473/5664.

The consul has the right to register a divorce between Ukrainian citizens living abroad in such cases:

  • by mutual consent of the spouses who do not have joint minor children;
  • at the request of one of the spouses, if one of them is recognized as absent without weight on the basis of a court decision;
  • at the request of one of the spouses, if one of them is declared incompetent on the basis of a court decision;

Registration of divorce by mutual consent of the spouses abroad in accordance with Art. 106 of the Family Code of Ukraine takes place at the consulate of Ukraine at the place of residence of one of the spouses.

The procedure for divorce abroad and the issuance of a divorce certificate abroad is carried out on the basis of a decision on divorce, which is issued by the consul after one month from the date of application.

Divorce occurs regardless of the existence of property disputes between the spouses.

How to file for divorce from a child in court in Ukraine while abroad?

In order for a spouse who went abroad to file for divorce, it is necessary to decide on the procedure for the divorce proceedings. A marriage is terminated in court in the presence of joint children and the absence of mutual consent.

If both spouses are citizens of Ukraine and one of the spouses has left abroad (the plaintiff), and the other spouse is in Ukraine (the defendant), then the statement of claim is drawn up and filed at the place of residence or stay of the defendant.

If both spouses are citizens of Ukraine, but have gone abroad permanently and live there, it is necessary to determine the territorial jurisdiction of the divorce case.

According to Art. 29 of the Civil Code of Ukraine, permanent place of residence is a place of residence on the territory of any state for at least one year of an individual who does not have a permanent place of residence on the territory of other states and who intends to reside on the territory of this state for an unlimited period, without limiting such residence a specific purpose, and provided that such residence is not a consequence of the performance by this person of official duties or obligations under the agreement (contract).

The jurisdiction of cases involving citizens of Ukraine, if both parties reside outside its borders, as well as cases of divorce between a citizen of Ukraine and a foreigner or a special stateless person who have left and live outside Ukraine, are determined by a judge of the Supreme Court – the Civil Procedure Code says.

After determining the jurisdiction of the divorce case, it is necessary to draw up a claim / joint statement and send it to the court at the place of consideration of the case.

In this case, the qualified help of a family lawyer will not be superfluous. A lawyer will help you avoid mistakes and competently draw up a claim / joint statement for divorce in court.

How to get a divorce in Ukraine if the husband left abroad?

A divorce from a husband (a citizen of Ukraine) who has gone abroad is possible. In this case, the procedure for divorce is determined by the presence of joint children and the availability of ruling consent from the spouses.

In practice, the most common situation is when the spouse has gone abroad, his place of stay is unknown, while the couple has joint minor children. In this situation, guided by Part 1 of Art. 110 of the Family Code of Ukraine, a statement of claim for divorce in court can be filed by one of the spouses.

The spouse can file a claim for divorce in court at the place of her residence in accordance with Art. 28 of the Civil Procedure Code of Ukraine. The court finds out the relationship between the spouses, the reasons for the statement of claim for divorce, takes into account the presence of a minor child, a child with a disability and other circumstances in the life of the spouses.

The court shall decide on divorce if it is established that the further life of the spouses and the preservation of the marriage is contrary to the interests of one of them or the interests of their children.

Divorce from a spouse abroad remotely with the help of an lawyer in Ukraine

A family lawyer will help you quickly and efficiently file a divorce for spouses (one of the spouses) who have left and are staying abroad, remotely.

The lawyer represents the interests of the client on the basis of a legal assistance agreement, which is drawn up in writing.

A client who has traveled abroad and cannot personally attend the court session signs a lawyer agreement and sends a scanned copy by e-mail, while the original is sent by regular mail. Performing such simple steps enables the family lawyer to proceed with the divorce proceedings in his absence.

Benefits of contacting a family lawyer while abroad:

  • saving time and money for transport services;
  • accelerated rates due to a properly developed divorce strategy;
  • absence of negative emotions during divorce.

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
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