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Family lawyer
Oleksiy Mykolayovych Skryabin
Oleksiy Mykolayovych Skryabin
doctor of legal sciences
Welcome to the site rozirvannya.com.ua! Here you will be able to find answers to many questions related to divorce, including in the presence of children, lack of consent of one of the spouses, with a foreigner. We will acquaint you with the peculiarities of drafting lawsuits and other documents in various cases of the divorce process. And, of course, we will talk about the fate of joint property after a divorce, as well as how to collect alimony after a divorce. Stay and you won't regret it.

Divorce in Ukraine

Termination of a marriage in Ukraine, which was formalized abroad (including if one of the spouses was a foreign citizen), is a rather painstaking process.

Our company is one of the few that undertake such complex divorce procedures in Ukraine.

How can you dissolve a marriage?

There are two main methods of divorce:

  1. administrative (through the civil registry office – in the absence of children under 18 years of age and the consent of a spouse);
  2. judicial (directly through the court – without the consent of one of the spouses or in the presence of children under the age of 18).

Our lawyers provide assistance, which of the divorce procedures you did not choose. Regardless of how complicated the case is, every client can count on quality and effective legal assistance.

Termination of marriage with a foreigner

Divorce with a foreigner is currently not uncommon in Ukraine. Filing a divorce with foreigners is a rather complicated process and requires knowledge not only of Ukrainian, but also international legislation.

Therefore, we recommend that you seek help from a family lawyer who already has experience in resolving divorce cases with a foreigner, who will issue a divorce quickly and efficiently.

How to dissolve a marriage with a foreigner concluded in Ukraine?

Marriages with foreigners concluded on the territory of Ukraine do not require additional actions and documents, such as affixing an apostille stamp and translation of documents.

In the same way, you can dissolve your marriage with a foreigner through the civil registry office, if you do not have common minor children and no one objects to the dissolution of the marriage. However, if you have minor children, or if the consent of the other spouse is absent, then divorce with a foreigner is possible only in court. You can also use the online divorce service to divorce a foreigner.

For confidence in the desired outcome of the divorce process, we recommend seeking the qualified help of a family lawyer. In addition, you can use a “turnkey divorce”, when all the necessary documents for divorce are prepared and submitted by a lawyer, and you receive a ready-made court decision on divorce.

Divorce of citizens of Ukraine abroad

If you live abroad and have Ukrainian citizenship, you can dissolve your marriage on the territory of Ukraine and according to Ukrainian legislation.

In what cases is it possible to divorce citizens of Ukraine who live outside the country? The following situations can be distinguished:

  • divorce in the presence of minor children;
  • divorce without the husband’s consent;
  • divorce without the presence of the client in court.

Spouses do not always have the opportunity or desire to come to Ukraine to file a divorce. Therefore, we offer an online divorce service – without the need to be in the territory of Ukraine.

In order to quickly issue a divorce without even coming to the country – remotely (online), you should conclude an agreement with a family lawyer who will take over all the responsibilities regarding the divorce.

Documents for divorce from a foreigner

The package of documents for divorce with a foreign citizen is the same as with Ukrainian citizens.

The only difference between a divorce with a foreigner is the need to translate the divorce documents into Ukrainian and affix an apostille stamp in case of marriage in another country. If the marriage with a foreigner was concluded in Ukraine, then a translation and an apostille are not required.

Documents for divorce from a foreigner include:

  1. marriage certificate (in certain cases, a translation and an apostille stamp);
  2. child’s birth certificate (if available);
  3. passports of each spouse with a registration certificate;
  4. contact details of the second foreign spouse;
  5. confirmation of payment of the court fee.

Our lawyers will help you arrange a “turnkey divorce” without unnecessary expenditure of time and money. You will be able to continue to live and work at your usual pace, and a family lawyer will take all the necessary steps for the divorce process.

How to dissolve a marriage with a foreigner without consent?

If you are married to a foreigner who does not consent to a divorce, you must file for divorce and notify the foreigner’s husband. However, if you have a relationship with a foreigner, you should make a translation of the documents that you submit to the divorce court and send them to the husband’s place of residence.

In the case of a situation in which you do not have information about your husband’s place of residence or you have lost contact with him, you provide the court with the information that you know.

After informing the husband about the divorce, the court makes a decision on divorce in absentia.

Most often, foreign legislation requires the resolution of related issues during a divorce – the collection of alimony, the division of property, the determination of with whom common children will live.

In Ukraine, you can file a divorce, and other issues can be resolved later or agreed upon without legal formalization.

Therefore, family lawyers recommend filing a divorce on the territory of Ukraine according to Ukrainian legislation.

Filing a divorce with a foreigner through the court

Filing a divorce with a foreigner through the court involves practically the same sequence of actions as a court decision regarding a divorce with citizens of Ukraine.

The difference between the dissolution of a marriage with a foreigner concluded in another country is the need to translate all the documents required for divorce into Ukrainian and affix an apostille on these documents. Apostille is a special stamp that is placed on official documents and confirms their validity and makes documents valid in the territory of other countries.

We recommend contacting a family lawyer who will take care of legalization of relevant documents in foreign countries.

Terms of divorce proceedings in court

According to the legislation, the first session for divorce is scheduled within one month after the documents are submitted to the court. After the court’s decision, it can be received with a mark of entry into force after 30 days.

The court’s decision is a final document, and there is no need to apply to the State Register of Statistics. Today, it is proof of divorce, and the divorce certificate is not issued, and the passport is not stamped.

Family lawyers monitor compliance with the deadlines for divorce. With legal assistance, our lawyers guarantee the fastest divorce process, taking into account the individual characteristics of your situation.

A family lawyer will help you file a divorce with a foreigner, even if he is against divorce. Our lawyers provide the following services:

  1. consultations on issues of dissolution of marriage and arising from divorce (alimony, division of property);
  2. collection and preparation of all necessary documents;
  3. submission of documents to the court;
  4. accompaniment and participation in court hearings in the case of divorce with a foreign element;
  5. obtaining a document confirming the dissolution of marriage.

Do not waste your time and energy on independent divorce with a foreigner, seek the help of a good lawyer who will issue a divorce even without personal participation.

Topical questions for a family lawyer

Can I file for divorce in Ukraine if my foreigner is an Italian citizen?
Is it possible to dissolve a marriage with a foreigner if contact with him has been lost?
My Ukrainian husband went abroad. Can I file for divorce?
How to legalize divorce documents abroad?
What documents are required for divorce?

 

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