Currently, the war not only led to the destruction of buildings, but also caused the breakup of many families in Ukraine, in particular due to the migration of many women abroad. This situation often raises questions among couples regarding the divorce procedure, especially when one of the spouses is abroad. The purpose of this article is to establish the ways of divorce and the participation of a lawyer in a civil process.
Ways to file a divorce if one of the spouses is abroad
According to the Family Code of Ukraine, a marriage can be terminated in two main ways:
- Through the state registry of civil status acts (DRATSS), if the spouses submit a joint application or if one of the spouses submits the application independently.
- Through the court on the joint application of the spouses or on the claim of one of them, which is based on the court's decision.
Dissolution of marriage by the DRATSS body based on the application of a spouse who does not have children.
A childless couple can file an application for divorce with the DRATSS body. If one of the spouses cannot personally submit such an application for valid reasons, the other spouse is allowed to submit it on his behalf, if the application is notarized or has a similar confirmation.
Therefore, if one of the spouses is abroad, he can notarize the application and send it by post to the other spouse. The second spouse, upon receiving such a statement, must make a notarized translation and submit it to the DRATS body.
Divorce by court decision on the basis of a joint application of spouses who have children
A couple with children can file a divorce petition with the court along with a written agreement on who will live with the children, what is the role of each parent in providing for their living conditions, and what obligations will be assumed by one of them , who will live separately, as well as the conditions for fulfilling this right to the personal upbringing of children.
Divorce abroad
You can use the usual ("paper") procedure by preparing a statement of claim to the court at the place of registration of the defendant or at the place of registered residence or stay of the plaintiff, if the latter has minor or minor children. Upon agreement between the spouses, the case can be considered at the place of registration of residence or stay of any of them.
A petition for divorce must meet the requirements to be accepted by the court.
It is also possible to use the online platform Electronic Court if you have an electronic signature. Participation in the court session can be done via video conference, if there is a corresponding electronic digital signature, or a written application has been submitted to the court to hear the case in your absence, if the court does not require your personal appearance.
Divorce online
Spouses without children can submit an application for divorce to the RACS in electronic form.
The application must contain the following information:
- the exact name of the body to which the application is submitted;
- information about the spouse: full name, date of birth, place of birth, citizenship, registration, passport data, tax number, information on military registration, etc.;
- information about the wife: full name, date of birth, place of birth, citizenship, registration, passport data, tax number, etc.;
- information about communication (in the case of submitting an application through the Diya Portal).
The procedure for considering such applications is regulated by the Order of the Ministry of Justice of Ukraine No. 1187/5 dated 07.09.2015, which approves the Procedure for consideration by departments of state registration of civil status acts - participants of the pilot project of applications in the field of state registration of civil status acts submitted via the Internet.
Distance divorce is becoming an increasingly popular way to quickly and conveniently end a relationship without the need for a personal court appearance.
Legal analysis of the situation of divorce abroad
Legal analysis of the situation when divorce abroad is an important stage for protecting your rights. The lawyer carefully studies all documents, contracts and other case materials. This allows you to detect violations by foreign institutions and find the best options for protecting your interests.
Obtaining a court decision on divorce
It is important to obtain official confirmation of divorce. After the court decision has entered into force, it is necessary to submit an application for the issuance of a copy of the court decision with a note on its entry into force.
The role of a lawyer in divorce cases when one of the spouses is abroad
The role of a lawyer is to provide legal protection and representation of the client's interests before a court or a competent body of another country. The lawyer helps draw up the necessary legal documents, confirms the facts and circumstances of the divorce, negotiates with the other party and ensures compliance with all legal procedures in accordance with domestic and international law, ensuring efficiency and legal protection of all parties when the divorce is carried out remotely.
If you need legal support in a divorce case, especially if one of the spouses is abroad, contact the professionals from the website consultant.net.ua. Using our services, you can be sure of a professional approach and high quality legal assistance. The price of consultations is affordable and depends on the complexity of the case.
The cost of a lawyer's services - long-distance divorce
The cost of a lawyer's services aimed at protecting rights during a divorce abroad varies depending on the complexity of your case and the scope of work. We offer a flexible pricing policy that allows you to choose the optimal package of services that meets your needs and financial capabilities. For detailed information on prices and consultation with a lawyer, please contact us.
In the context of the war in Ukraine, which caused mass migrations and the breakup of families, the issue of divorce procedures becomes particularly relevant, especially when one of the spouses is abroad. It is important to note that even while abroad, one of the spouses can dissolve the marriage with the help of a notarized statement or the online platform Electronic Court. The involvement of experienced lawyers contributes to fair consideration of the case and protection of the interests of all parties in the divorce process through the court, especially in cases where one of the spouses is abroad. Divorce through court, divorce abroad, how to file for divorce abroad how to file for divorce if the husband is abroad, divorce when one of the spouses is abroad, divorce during war abroad, divorce lawyer, divorce when one of the spouses is abroad.
