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Publication date: 15.10.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
The collection of alimony abroad after the decision of the Ukrainian court really requires several legal procedures. Here are the main stages that should be followed after a decision on the collection of alimony in Ukraine has been made:
- Obtaining the decision of the Ukrainian court: The decision of the Ukrainian court must be issued in a clearly defined monetary amount (in a fixed monetary unit) that corresponds to the agreement between the parties or the requirements of the claim.
- Recognition and enforcement of the decision abroad: After the decision has entered into legal force, it is necessary to apply to the court of a foreign country for its recognition and enforcement.
For this, an application and petition for recognition and enforcement of the court decision is submitted to the territorial administration of justice at the plaintiff's place of residence.
- Translation of documents: All submitted documents must be translated into the official language of the country where the debtor lives and where the decision is planned to be executed.
- Transfer of documents to a foreign court: The Ministry of Justice of Ukraine transfers the received documents to the competent authority of a foreign state for further execution.
- International legal cooperation: Ukraine is a party to several international agreements that facilitate the recognition and enforcement of court decisions regarding the collection of alimony abroad, such as the Hague Convention.
Contacting a lawyer who specializes in international family law can help ensure the correct documentation and speed up the process of recognition and enforcement of the judgment in a foreign country.
Question
What documents are submitted to the Ministry of Justice?
Answer
Necessary documents include: a copy of the decision of the Ukrainian court, a certificate of the entry into force of the decision, a certificate of partial or non-execution of the decision in Ukraine, documents confirming that the defendant was properly notified, a copy of the protocol or log of the court session, a photo of the debt collector (if possible) . The petition is submitted to the Ministry of Justice of Ukraine through the territorial administrations of justice. Documents must be translated into the official language of the state where the decision is to be recognized. The translation must be certified by a translator or a translation agency. Legalization or apostille is not required if it is stipulated by international conventions.
Question
Which international treaties that regulate the issue of alimony is Ukraine a party to?
Answer
Convention on the recovery of alimony abroad (1956) - regulates the issue of international recovery of alimony, in particular, establishes procedures and conditions for such recovery. Convention on the Recognition and Enforcement of Judgments Concerning Maintenance Obligations (1973) – ensuring the recognition and enforcement of judgments in maintenance cases. Convention on the International Collection of Child Support and Other Kinds of Family Maintenance (2007) - promotes more effective collection of child support at the international level. In addition, the presence of bilateral international agreements on legal assistance in civil cases allows Ukraine to apply to foreign courts for the recognition and enforcement of alimony decisions, which provide additional opportunities for the protection of the rights of children and their parents.
The procedure for obtaining a decision of a foreign court on the recovery of alimony:
- Appeal to the court of a foreign country: In order to collect alimony from a debtor who lives abroad, you need to file an application with the court of that country. This can be done through the territorial administration of justice at your place of residence in Ukraine.
- The basis for consideration of such a statement is international conventions to which Ukraine has joined (for example, the Hague Convention of 2007 on the international collection of child support and other forms of family support).
- Submission of the application and documents: The application to the court of a foreign state must contain the following information: The essence of the request: a clear formulation of the requirements for the collection of alimony. Information about the applicant: full name, date of birth, contact details (address for correspondence, e-mail, telephone number). Information about the debtor: full name, date and place of birth of the debtor (if possible), contact details, place of work, any other data that will help identify the debtor. Information about children: the full name and date of birth of each child for whom you are claiming child support.
- Claim Circumstances: The grounds on which your child support claim is based. Bank details: details of the account to which alimony should be transferred. Documents to confirm the facts: the decision of the Ukrainian court on the collection of alimony (if any), documents confirming your right to claim alimony, other documents confirming the facts stated in the application.
- Translation of documents: If the submitted documents are written in Ukrainian, they must be accompanied by an official translation into the language of the country where you want to collect alimony. The translation is provided by the applicant.
- Sending documents: The package of documents is sent by the Ministry of Justice of Ukraine to the competent body of a foreign state.
Monitoring the progress of the case: the Ministry of Justice of Ukraine informs you about the status of your case in a foreign country.
Lawyer services for the collection of alimony:
The lawyer help to collect alimony is an important aspect, especially when it comes to international cases or complex legal processes. Here are the main types of legal services during the collection of alimony:
Lawyer consultation and legal analysis of the situation: The lawyer will assess your situation, provide advice on your rights and obligations, explain which documents are necessary to start the process of collecting alimony. Explain how Ukrainian legislation and international conventions apply to your case, especially if the debtor is abroad.
Legal services for the preparation and filing of a claim: Preparation of a claim for the collection of alimony in a Ukrainian court or, if the debtor is abroad, preparation of documents for appeal to a court of a foreign country. Lawyers online will help you collect all the necessary documents, including proof of income, documents on the child's place of residence, medical certificates, etc. The lawyer will provide assistance in the preparation of documents, their translation and transfer to the Ministry of Justice for further transfer to the court of a foreign country.
Court proceedings: The services of a lawyer will ensure the representation of your interests in court: the lawyer will prepare a strategy for conducting the case, will speak at court hearings, substantiating your claims for the collection of alimony. The lawyer will ensure the correct legal registration and control over compliance with all procedural terms. If the debtor lives abroad, the lawyer will help apply to the court of another country to recognize the decision of the Ukrainian court and ensure its implementation.
The child support recovery process can vary by jurisdiction, including document requirements and the length of the case. A lawyer can provide professional support at every stage, helping to avoid legal mistakes and ensure the protection of alimony rights. The lawyer advice who specializes in child support can greatly simplify the process and increase the chances of success.
