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Publication date: 11.05.2024
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Divorce with a foreigner through court
Divorce can be a difficult decision that requires careful consideration and consideration of many aspects. Support from family and friends, as well as the opportunity to consult with a professional such as a psychologist or family counsellor, can be helpful. It is important to consider the emotional state and needs of all parties, as well as the possible consequences for the children, if any.
If this is a topic you are concerned about, I can help provide information or support regarding the situation at hand.
Ukrainian law allows divorce from a foreigner through court, but the procedure may differ depending on the country of your partner's citizenship. Usually, for a divorce, you need to apply to the court with the appropriate request, where your application will be considered on the basis of the law. If it is an international divorce, international conventions such as the Hague Convention on the Civil Aspects of International Child Abduction may apply. For more specific information, you should consult an attorney specializing in family law or international law.
Thus, in the case of marriage of a citizen of Ukraine with a citizen of another state and subsequent divorce in Ukraine, the norms of the Family Code of Ukraine and the Civil Procedure Code of Ukraine will be applied. Here are the main provisions and procedures that apply in such cases:
Jurisdiction and application of legislation
2. Family Code of Ukraine: According to the Family Code of Ukraine, issues of divorce, alimony, custody of children, distribution of property and other family issues are considered according to the legislation of Ukraine, if the divorce takes place on its territory.
3. Civil Procedural Code of Ukraine: Regulates procedural issues, such as filing a claim, hearing a case in court, conciliation procedure, issuing a court decision and its execution.
Submission of an application for divorce
1. An application for divorce is submitted to the local court of general jurisdiction at the place of residence of one of the spouses.
2. If there are minor children in the marriage, the issues of their support and place of residence after the divorce must be considered.
International aspects
1. If the other spouse lives abroad, the court can send the necessary documents with the help of international legal assistance.
2. Recognition and execution of court decisions may require additional procedures, in particular, when one of the spouses is a citizen of another state. This may include recognition of decisions of Ukrainian courts in foreign jurisdictions and vice versa.
Distribution of property
1. Property acquired during marriage is usually divided equally, unless otherwise provided by the marriage contract or other agreement between the spouses.
Alimony and custody of children
1. The court decides on child support and custody based on the best interests of the child.
2. Child support payments are determined based on the parents' income and financial capabilities.
Conclusion
The norms of the Family Code of Ukraine and the Civil Procedure Code of Ukraine apply to regulate all aspects of divorce, including property relations, custody of children and alimony. In the case of an international marriage, there may be additional complications related to international jurisdiction and the recognition of court decisions.
