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Publication date: 27.05.2024
Divorce abroad: legal nuances and procedure
Divorce is always a complex and emotionally exhausting process, and when one spouse is outside the country, the situation is complicated by a number of legal issues. The divorce procedure abroad may vary depending on the country, nationality of spouses and other factors. Let's take a closer look at the features and nuances of this process.
Divorce If the wife/husband abroad
If one of the spouses is abroad for a long time or resides in another country, divorce has some legal nuances. According to the Ukrainian legislation, a claim for dissolution of marriage can be filed at the place of residence of the defendant (in this case - a person who is abroad) or at the last joint place of residence of the spouse in Ukraine.
Is it possible to submit for divorce if the husband/wife abroad? Of course, such a right exists. However, the procedure may be complicated by the need to properly notify the defendant about the trial, attach the translation of documents, and take into account the legislation of the country of residence of another from the spouse.
Divorce during the war abroad
Due to the full -scale invasion of the Russian Federation in Ukraine, millions of citizens were forced to temporarily go abroad. This has created many problematic situations, including the divorce of Ukrainians abroad.
To divorce Ukrainian citizens abroad during the war provides a simplified procedure for filing claims through consular offices of Ukraine in foreign countries. A claim for dissolution of marriage can be filed in any court in Ukraine, regardless of the place of residence of the spouse.
How to place divorce during war abroad ?
There are several options for divorce when one spouse is outside Ukraine:
1. through the Ukrainian Court (as described above). In this case, it is necessary to involve a lawyer or a divorce lawyer in Ukraine.
2. divorce through court of the country of residence. This option requires a local lawyer and taking into account the legislation of a particular state.
3. Divorce online abroad . In some countries (for example, the US), there is an opportunity to initiate a divorce process online according to a simplified procedure.
It is important to remember that any court decision to dissolve marriage abroad will require recognition and confirmation in Ukraine in accordance with the current legislation.
The need for legal assistance
The process of divorce abroad is certainly difficult and requires careful preparation and legal support. Involving an experienced lawyer or divorce lawyer may be a key to a successful case.
The specialist will be able to advise on all the nuances of the procedure, help to draw up the necessary documents, represent the client's interests in court and resolve other legal issues related to divorce.
When choosing a lawyer or lawyer from divorce abroad, it is recommended to pay attention to the experience of working in the field of family law and international affairs, reputation, the availability of appropriate licenses and permits, as well as the cost of services.
Summing up, divorce abroad is always an additional legal difficulty and expenses. However, with the involvement of an experienced specialist and careful preparation, this process can be done as quickly and painlessly as possible. The main thing is not to delay and resolve all issues in time to avoid complications in the future.
