There are some special legal features of divorce when one party is a citizen of Ukraine while another is a foreigner, and namely:
- 1. The both parties agree to divorce, and they have no child or children together
This situation is very simple. The parties should file a joint written application of divorce to a vital statistics office in the locality where one of the parties resides. Their marriage certificate and passports must be enclosed to the application.
When a foreigner cannot file an application personally then a party residing in Ukraine can do it on his or her behalf however such application is subject to legalization in accordance with the established procedure.
Official registration of divorce is performed within a month from the date of the application filing. There is no need for the both parties to be present. A foreign party is entitled to inform a vital statistics office in written form, simultaneously with the application or during a month from the date of its filing, about his or her consent to such registration without his or her presence. When a foreign party wishes to be present at the procedure of official divorce the date of such registration can be postponed based on his or her written request but the term cannot exceed one year.
Any marriage is considered to be dissolved from the date of official registration of the divorce by a vital statistics office.
- 2. The both parties agree to divorce, and they have a child or children together
In this case the procedure of divorce is exercised judicially. A married couple should file an application of divorce to a vital statistics office in the locality where a Ukrainian party resides. The following documents must be enclosed to the application: copies of passports, a copy of marriage certificate, a copy (copies) of birth certificate (certificates) of a child (children), and agreements concluded between the parties fixing
- with whom of them a child (children) will live;
- what support of child’s (children’s) life will be provided by a parent living separately, and what will be exercising conditions of his or her title to parenting.
The agreement specifying the sum of financial support for a child (children) must be certified by a notary public.
Within one month from the date of the application of divorce filing by the parties the court delivers a judgment. The marriage is considered to be dissolved from the date of the judgment coming into effect. Such judgment is directed by the court to a local vital statistics office.
- 3. One party is against marriage dissolution
In this case regardless of presence or absence of a child (children) the procedure of divorce is exercised judicially, through a statement of claim on marriage dissolution presented to court in the locality where a Ukrainian party is registered.
This is the most complicated situation. Parties of a married couple fail to reach compromise so the problem of a child (children) upbringing is to be solved by court. Such trial proceedings can last for months.
In this particular case the couple should better consult a lawyer.
As in the previous case the marriage is considered to be dissolved from the date of the judgment coming into effect. Such judgment is directed by the court to a local vital statistics office.
- 4. A special case: the both parties reside beyond Ukraine
There is no need for them to go to Ukraine for divorce procedures. Their marriage can be dissolved by competent bodies of another country or by Ukrainian consulate. In the meantime to avoid the difficulties in filing the divorce in Ukraine, it is highly recommended to dissolve the marriage in the Ukrainian consulate (if couple does not have children) or in the foreign court. Such legal judgment may be acknowledged by Ukrainian court and the divorce may be filed to the register of acts if civil status.
Our lawyers may assist foreign clients in divorce with Ukrainian spouse. We may consult our clients, draft contracts, litigate to protect your rights and interests in family disputes. Our contact information: +380501409560, +380980027825 e-mail: firstname.lastname@example.org.