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Publication date: 15.04.2024
Marriage with a citizen of another country has some peculiarities.
According to Ukrainian legislation, citizens of other countries who wish to marry in Ukraine must have a relevant document confirming their legal stay in Ukraine. This document can be a permanent or temporary residence permit, or another document certifying their right to stay in the country.
These requirements are aimed at ensuring that a marriage with a foreigner is concluded in accordance with the law and that each spouse has the appropriate documents that prove their identity and status in the country.
The body authorized to register a marriage in Ukraine after receiving a marriage application from a couple, one of whom is a foreigner or a stateless person, and the other is a citizen of Ukraine, can check a permanent or temporary residence permit using the service of the State Migration Service of Ukraine , to ensure its compliance with legal requirements and validity.
This is done to ensure that all the necessary documents presented to register the marriage were legal and valid. Using such a service allows you to detect any invalid documents or forgeries and avoid possible fraudulent schemes.
This is an important stage of the marriage registration process, which helps to ensure the legality and legality of entering into a marriage with a foreigner or a stateless person in Ukraine.
In addition, the body authorized to register a marriage in Ukraine may send a request to the territorial body of the State Migration Service of Ukraine to check the legality of the stay of a foreigner or a stateless person on the territory of Ukraine on the day of state registration of marriage in the following cases:
1. If the bride or groom, who is a citizen of another country or a stateless person, does not have documents confirming the legality of his stay in the territory of Ukraine.
2. If the documents provided to the bride or groom to confirm the legality of their stay on the territory of Ukraine were issued by the organizations of the State Migration Service of Ukraine in the Autonomous Republic of Crimea or in the temporarily occupied territories of the Donetsk and Luhansk regions after their occupation.
The territorial body of the State Migration Service of Ukraine is obliged to inform the relevant body authorized to register marriages in Ukraine about the results of checking the legality of a foreigner's or stateless person's stay on the territory of Ukraine. This can be done using technical means of electronic communications, for example, through e-mail or a specialized communication platform.
This procedure ensures a quick exchange of information between the authorities and allows to identify any problems regarding the legality of the stay of a foreigner or a stateless person on the territory of Ukraine. The results of this check may affect the decision to register a marriage with a foreigner or stateless person.
Thus, marriage with a citizen of another country requires confirmation of the fact of legal stay of this citizen in the territory of Ukraine.
Divorce with a foreigner or stateless person in Ukraine also has its own characteristics.
If both spouses are present on the territory of Ukraine, the marriage was registered by the registration authorities of Ukraine, then the spouse who wishes to dissolve the marriage must submit an application for dissolution of the marriage to the relevant body of the State Administrative Service of Ukraine. After submitting the application, a waiting period of one month is established. During this period, the spouses may decide to change their decision or correct the documents if necessary. After the end of this period, the DRATSS body registers the dissolution of marriage and issues a divorce certificate to the spouses. This certificate is a document that confirms the fact of divorce and can be used to register a new marriage or in other situations where it is necessary. In case of divorce, the authority will also need to submit documents confirming the legality of the foreigner's stay in Ukraine.
If one of the spouses does not agree to divorce, or is outside of Ukraine, the other spouse may have to go to court to consider the case.
When a marriage is dissolved in court, the court will necessarily find out whether there is an agreement on legal assistance in family and civil matters between Ukraine and the state of which one of the spouses is a citizen, and take into account its features.
International treaties on legal assistance may contain provisions relating to divorce procedures and cooperation between countries in this matter. For example, such agreements may define procedures for the exchange of information, enforcement of court decisions, as well as other aspects that may affect the divorce proceedings.
Features of such an agreement may include the procedure for mutual recognition and execution of court decisions, determination of competence for the consideration of the case, procedures for translating documents and other aspects. Therefore, it is important for the spouses and their legal representatives to find out the existence of such an agreement and its specifics when preparing for the divorce proceedings.
It is important to take into account that in the case of marriage to a foreigner or divorce from a foreigner or a stateless person, additional issues related to international aspects may arise. In such cases, it is recommended to consult a qualified lawyer with experience in international affairs.
