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Publication date: 28.05.2024
Divorce with a foreigner
Divorce from a foreigner is a rather delicate and complex procedure, since it concerns not only the issue of divorce, but also a number of legal and administrative moments related to the status of residence and activity in the territory of Ukraine.
In this article, we will look at the main aspects of divorce with a foreigner, as well as provide practical recommendations for solving potential problematic issues.
The legal situation of foreigners in Ukraine
First of all, it should be noted that the legal status of foreigners in the territory of Ukraine is regulated by the provisions of the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons".
According to this Law, foreigners in the territory of Ukraine may be on the grounds and in the manner stipulated in the relevant provisions of the Law on the Legal Status of Foreigners and Stateless Persons.
This means that, depending on the basis of stay (employment, business, etc.), foreigners will have different legal statuses during stay in Ukraine. Accordingly, the divorce procedure with foreigners may vary.
General divorce procedure with a foreigner in Ukraine
Consider the example of submission to divorce with a foreigner who is legally in Ukraine.
The divorce procedure with a foreigner generally does not differ from a similar procedure with a citizen of Ukraine: it is necessary to apply to the state notary office for a certification of a divorce agreement or to the court to obtain a decision on divorce.
In case of divorce, the foreigner will need to submit documents to confirm his legal status in Ukraine. These can be working records, contract statements, and confirmation of legal position in accordance with its grounds.
In the future, depending on the circumstances, the court may satisfy or refuse a divorce. In particular, if the foreigner is legally in Ukraine, the court should not have grounds to refuse to divorce.
However, if the foreigner is in Ukraine without legal grounds (for example, in the event of a tourist visa), the divorce may create additional problems. In particular, it is threatened with complications with administrative arrest, the exit from the country and other sanctions.
In this case, it is recommended that you apply to a lawyer or lawyer for the proper registration of documents and legalize the status in accordance with applicable law.
Let us also consider the peculiarities of the divorce procedure depending on the grounds of stay of the foreigner in the territory of Ukraine.
Divorce with a foreigner who is a citizen of another country. In this case, to submit for divorce, it is necessary to confirm the fact of the legal stay of the person in the territory of Ukraine. This will need to confirm the citizenship of the respective country, provide documents to confirm the legality of stay in Ukraine and initiate the divorce procedure.
Divorce with refugee. If a foreigner has a refugee status in the territory of Ukraine, the divorce procedure is more simple, since the reasons for the initiation of divorce are simplified. In this case, it is enough to contact the State Notary Office with refugee status and the divorce procedure will be started.
It is also important to note that the peculiarities of divorce with a foreigner are governed not only by the national legislation of a foreign partner state, but also by relevant international agreements and treaties between countries.
That is why, in the event of controversial situations when divorced with a foreigner, it is recommended to seek qualified legal assistance. Lawyers and lawyers will help to draw up documents properly, give the necessary advice on initiating the procedure and will ensure all formal aspects in solving this delicate problem.
