Dissolving a marriage is always a challenging stage, and when one of the spouses is a citizen of another state, the process acquires additional legal nuances. Many mistakenly believe that to get a divorce, they must travel to the country where the marriage was registered or to their spouse’s homeland. However, Ukrainian law allows for this procedure to be conducted entirely within Ukraine.
Can a “International” Marriage Be Dissolved in Ukraine?
Yes. According to the Law of Ukraine “On Private International Law,” the dissolution of marriage between a Ukrainian citizen and a foreigner, as well as between two foreigners living in Ukraine, is carried out according to the laws of Ukraine.
You can apply to a Ukrainian court if:
- One of the spouses is a citizen of Ukraine.
- The plaintiff resides in Ukraine.
- The parties have agreed to have the case heard here.
Two Ways to Terminate a Marriage
1. Through the Civil Registry Office (Simplified Procedure)
This option is possible only if:
- Both spouses mutually agree to the divorce.
- The couple has no common minor children. A foreigner must be present in person or provide a notarized and legalized statement of consent to the divorce.
2. Through the Court (General Procedure)
If the couple has children or if one party does not consent to the divorce, the case is considered in court. Key challenges in legal proceedings involving a foreigner:
- Notification of the Party: The court is obliged to properly notify the foreigner about the case. This can happen through international legal assistance requests or official public announcements.
- Jurisdiction: It is crucial to correctly determine which court has the authority to hear the case, especially if the foreigner has already left Ukraine.
What Documents Are Required?
A standard set of documents includes:
- Statement of Claim (prepared by an attorney).
- Original Marriage Certificate (if the marriage was concluded abroad, the document must be legalized/apostilled and translated).
- Copy of the Plaintiff’s Passport.
- Copies of the Children’s Birth Certificates.
- Receipt of Court Fee Payment.
Why Hire an Attorney?
Divorce with a foreigner can drag on for months due to bureaucratic hurdles. Professional legal assistance will help you:
- Save Time: Proper strategy prevents the court from returning or rejecting your claim.
- Remote Divorce: I can represent your interests in court without your personal presence and without the presence of your spouse.
- Comprehensive Solutions: Simultaneously with the divorce, we can resolve issues of alimony (child support), child custody, and property division.
Important: A Ukrainian court decision on divorce usually requires subsequent legalization in the foreigner’s country of origin to be recognized as valid there.
Need a Consultation?
Do not leave complex legal issues to chance. Book an appointment for an individual analysis of your situation.
- Attorney: Tamila Shatarska
- Location: Kyiv, Troieshchyna (Meetings by appointment)
- Phone / WhatsApp / Telegram: +38 (093) 236-48-01
- Email: shatarska@gmail.com