Publication date: 16.10.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
A divorce where one of the spouses lives outside Ukraine is not only a legally complex process, but also often emotionally draining for both parties. Such cases usually have an international aspect, requiring additional procedures and approvals between states. However, Ukrainian law allows for divorce even when one of the spouses is abroad. It is important to know the basic rules and algorithm of actions to go through this process effectively.
How is a marriage dissolved when one of the spouses is abroad?
Divorce through the courts is the most common and, at the same time, mandatory procedure if there are children in the family or if one of the spouses does not consent to the divorce. When one of the spouses lives or is abroad, the procedure is somewhat more complicated, as it requires additional actions to ensure the legal rights of both parties. It is important to understand that in such cases, international legal mechanisms are used to ensure the proper enforcement of a court decision.
The main stages to be completed during a divorce through the court when one of the spouses is outside Ukraine include:
- Filing a lawsuit in court.
A lawsuit for divorce is filed in a district or city court. If the defendant's place of residence abroad is known, the court notifies him or her of the commencement of the trial through official channels. If the place of residence is unknown, the lawsuit is filed at the last known address of the defendant in Ukraine.
- Ensuring the appearance of the defendant or his/her representative.
An important condition is that the defendant is duly notified of the proceedings. This can be done through international mail or through Ukraine's diplomatic missions abroad. If the defendant is unable to come to Ukraine, he or she has the right to appoint a lawyer or other representative to defend his or her interests in court.
- Attendance at the trial.
If the defendant wishes to participate in the trial in person, but cannot be present physically, he or she may participate via videoconference or other remote technologies, provided that the court allows it. If the defendant ignores court hearings, the court may consider the case without his or her participation.
The main advantages of a judicial divorce in Ukraine when one of the spouses is abroad
- Possibility of divorce without personal presence.
Even if the defendant resides abroad, he or she can be divorced without personal presence in court, which greatly simplifies the procedure.
- Protection of the rights of spouses and children.
The court process guarantees the protection of the rights of both parties. This is especially important if there are minor children, as issues related to their upbringing, place of residence and alimony are resolved.
- Use of international legal mechanisms.
Ukraine is a party to a number of international treaties that facilitate interaction between states in matters of divorce, alimony and other family matters when one of the spouses is abroad.
Peculiarities of the trial when one of the spouses is abroad
If one of the spouses lives abroad, there are certain peculiarities of the court process that need to be taken into account:
- Participation through a lawyer.
If the defendant is abroad and cannot attend court hearings in person, he or she has the right to appoint a lawyer to represent his or her interests in Ukraine. This can be done through a power of attorney, which can be drawn up abroad and certified by a local notary or Ukrainian consulate.
- Diplomatic channels of communication.
If the documents need to be served on a defendant located outside Ukraine, this can be done through diplomatic institutions such as embassies or consulates. Such a mechanism involves officially notifying the defendant of the court proceedings.
- Video conferencing.
Ukrainian courts sometimes allow defendants who are unable to attend a hearing to participate in the proceedings via video conference. This is a modern approach that facilitates the participation process, especially when one of the parties lives abroad.
Procedure for divorce in court when one of the spouses is abroad
- Preparation of the necessary documents.
First of all, it is necessary to prepare all the necessary documents for filing a lawsuit. This includes a copy of the marriage certificate, documentary evidence of the defendant's place of residence (if any), as well as other documents that may be relevant to the case, such as birth certificates of children, documents on joint property, etc.
- Filing a lawsuit.
A lawsuit for divorce is filed with the court at the place of residence of the plaintiff or the defendant in Ukraine. If the defendant resides abroad, the court may request his or her participation through official channels, such as diplomatic services or international mail.
- The court proceedings.
After filing a lawsuit, the court sets a date for the hearing. If the defendant cannot appear in person, he or she may provide a written explanation or entrust the case to his or her representative. If the defendant fails to appear without good reason, the court has the right to decide on the divorce in the absence of one of the parties.
Question
What should I do if I do not know the place of residence of my spouse who is abroad?
Answer
In this case, you can file a lawsuit in court at the last known place of residence of your spouse in Ukraine. If the defendant's whereabouts are unknown and it has not been possible to find him or her, the court may decide to divorce in absentia, after proper publication of information about the start of the trial.
Peculiarities of divorce through the court when one of the spouses is abroad
Power of attorney for a lawyer. If the defendant cannot be present in person, you can issue a power of attorney to a representative who will represent his or her interests in court. This will facilitate the process and ensure effective protection of the rights of both parties.
Diplomatic channels of communication. Court documents can be sent through diplomatic institutions such as embassies or consulates. This ensures that the defendant is duly notified of the commencement of the proceedings.
Participation via video conference. Modern technologies allow the defendant to participate in court hearings from a distance using video communication tools. This greatly simplifies the procedure and provides an opportunity for both parties to express their position.
The lawyers at https://consultant.net.ua will help you with the following questions:
- the cost of the services of a divorce lawyer;
- divorce lawyer and property division;
- consultation of a marriage lawyer;
- the price of a divorce lawyer;
- divorce lawyer consultation;
- hire a divorce lawyer;
- divorce legal help;
- the cost of a divorce lawyer;
- and more.
Although the procedure for divorce when one of the spouses is abroad is somewhat more complicated, it is quite feasible thanks to modern legal mechanisms. Engaging a lawyer to assist in the preparation of documents and support of the case will greatly facilitate the process, help avoid mistakes and save time. The use of diplomatic channels of communication, modern technologies such as video conferencing, and proper compliance with Ukrainian legislation allows you to achieve the desired result - an official divorce - even if one of the parties is outside the country. Professional legal assistance in such cases will help to minimise risks and ensure the successful completion of the process.
