Divorce procedure with a foreigner in Ukraine
Freedom of movement, access to the study of foreign languages and culture of a foreign country - all this gives Ukrainians the opportunity to get acquainted with citizens of other states. That is why interethnic marriages are not uncommon today. But sometimes the situation develops in such a way that a married couple has to terminate the relationship. We will find out how to get a divorce from a foreigner in Ukraine and discuss the consequences of this procedure.
Methods of divorce
The dissolution of marriage with a foreigner in Ukraine is implemented according to a scheme similar to the divorce process with a Ukrainian citizen, provided that both spouses reside in the country.
If the registration of the relationship was carried out in Ukraine, you can get a divorce in two ways - through the registry office or in court.
Divorce through the registry office is the most convenient and painless way. However, spouses who do not have common minor children will be able to use it. The presence of jointly acquired property in this case does not affect the procedure for the dissolution of family relations.
To get a divorce from a foreigner in Kiev through the registry office, you need to provide only two documents: passports of the spouses (or any other identity document) and a marriage certificate. A certificate of divorce is issued one month after the application is submitted, provided that the couple has no contradictions regarding this procedure.
If one of the partners does not consent to a divorce or the couple has minor children together, the relationship can only be officially terminated through the court. In such a situation, the divorce procedure can be initiated on mutual initiative (basis: Article 109 of the IC of Ukraine) or on the initiative of one of the spouses (basis: Article 110 of the IC of Ukraine).
As part of the judicial divorce process, a spouse who will live with a joint child in the future can file a claim for alimony.
A court decision on the dissolution of marriage is issued one month after the filing of the statement of claim. It is important to understand here that in case of mutual consent, the spouses have the right to withdraw their application.
The court decision on divorce is an official document valid not only on the territory of Ukraine. This document has legal force in the states with which Ukraine has concluded the relevant contractual relations.
Divorce from a foreigner in Ukraine without his presence
Regardless of whether the plaintiff knows the location of the defendant or not, it is possible to divorce a foreigner without his presence only through the court. In such a situation, the court must independently establish the place of residence of the second spouse and inform him about the date and place of the divorce proceedings.
A notice of the need to appear in court located on the territory of Ukraine will be sent to the state where the defendant is located. If the plaintiff has information about the location of his spouse, he must specify this information in the application. If the latter does not appear in court on a summons (or it will not be served), the divorce process will take place without his presence.
What to do if the marriage was registered in another state
It is not uncommon for a marriage with a foreigner to be concluded on the territory of another country. It is important to understand that this fact does not deprive a Ukrainian citizen of the right to terminate family relations without leaving his native state. For example, one of the main reasons for considering a claim by a local court is the presence of a child living in Ukraine.
In this situation, the issues of termination of marriage will be regulated by the norms of private international law. To achieve the desired, the plaintiff needs to seek help from a lawyer who will provide the service turnkey divorce . The specialist will not only answer all the client's questions, but also legalize foreign documents, as well as take responsibility for conducting the procedure for the division of joint property.
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